Stargold P/L v North Sydney [2004] NSWLEC 155

Land and Environment Court of New South Wales

CITATION : Stargold P/L v North Sydney [2004] NSWLEC 155 APPLICANT Stargold P/L PARTIES : RESPONDENT North Sydney Council FILE NUMBER(S) : 10949 of 2003 CORAM: Hussey C KEY ISSUES: Development Consent :- Alterations and additions to an existing Residential Apartment Building LEGISLATION CITED: CASES CITED: DATES OF HEARING: 31/3/2004 DATE OF JUDGMENT: 03/31/2004

APPLICANT Ms F Sinclair (Barrister)

Mr Phillip Yip LEGAL REPRESENTATIVES: Phillip Yip & Associates RESPONDENT Mr N Ogden Mallesons

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

8 April 2004

10949 of 2003 Stargold Pty Ltd v North Sydney Council

JUDGMENT

1 This matter came before the Court via an appeal against council's refusal of a development application for alterations and extensions, including a garage to an existing apartment building at 13 Montpelier Street, Neutral Bay.

2 Subsequently the parties were directed to confer and that resulted in a joint planning report, arising from which were amended plans addressing the outstanding issues. Those amended plans then have been considered by council's planner and a detailed assessment has been undertaken in (Exhibit 3), resulting in a recommendation for approval and this was accepted by council, which now agrees to the consent orders.

3 Having considered the detailed assessment report, I note that the application requires consideration of four development standards which were dealt with by way of SEPP 1 objections and they related to building height plane, building setbacks, landscape area requirements for apartment buildings and apartment building revisions.