Land and Environment Court of New South Wales CITATION : Pafburn v North Sydney Council (No2) [2005] NSWLEC 584 Applicant: Pafburn Pty Ltd PARTIES : Respondent: North Sydney Council FILE NUMBER(S) : 11071 of 2004 CORAM: Roseth SC KEY ISSUES: Development Application :- DATES OF HEARING: 09/08/2005, 10/08/2005 and 13/10/2005 DATE OF JUDGMENT: 10/14/2005 Applicant: Mr P Tomasetti, barrister instructed by Mr D Tudehope of O'Hara Co LEGAL REPRESENTATIVES: Respondent: Ms H irish, barrister instructed by Ms M Tregoning of Mallesons Stephen Jaques JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES Roseth SC 14 October 2005 11071 of 2004 Pafburn Pty Ltd v North Sydney Council (2) JUDGMENT 1 Senior Commissioner: This is an appeal against the deemed refusal by North Sydney Council (the council) of a development application to demolish the existing house and erect a residential flat building containing 19 apartments on lot B DP370405, known as 197 Walker Street, North Sydney. 2 Following the hearing of this matter on 9 and 10 August 2005, the Court handed down its findings in a judgment on 16 August 2005. The Court found that the SEPP 1 Objection to the height standard in cl 17 of Local Environmental Plan 2001 was not well founded because the non-complying parts of the proposal cast a shadow on two apartments on the north side of No 191-195 Walker Street. The Court found that this was the only issue in the way of approval and that it was a relatively easy matter to fix. 3 Following the above finding the applicant amended the proposal. The non-complying parts of the proposal do not now cast any additional shadow. The parties agree that the application complies with the findings of the August 2005 judgment. In addition, the parties have agreed on the conditions of consent. There is therefore no impediment to the application's approval. The appeal is therefore upheld. Orders 1. The appeal is upheld. 2. Development application to demolish the existing house and erect a residential flat building containing 19 apartments on lot B DP370405, known as 197 Walker Street, North Sydney is determined by the granting of consent subject to the conditions in Annexure A. 3. The exhibits are returned, except Exhibits 17, J and K. ____________________ Dr John Roseth Senior Commissioner DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.