Bogatez v North Sydney C [2006] NSWLEC 174

Land and Environment Court of New South Wales

CITATION : Bogatez v North Sydney C [2006] NSWLEC 174

APPLICANT Lorraine Bogatez PARTIES : RESPONDENT North Sydney Council

FILE NUMBER(S) : 10553 of 2005

CORAM: Murrell C

KEY ISSUES: Development Application :- impact on adjoining properties, impact on foreshore, SEPP 1 objections, building height plane, height, landscaped area

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 North Sydney Local Environmental Plan 2001

DATES OF HEARING: 6/03/2006

EX TEMPORE JUDGMENT DATE : 04/06/2006

APPLICANT Mr G. Green, solicitor with Ms J. Reid, solicitor of Pike Pike and Fenwick LEGAL REPRESENTATIVES:

RESPONDENT Ms E. Glancy, solicitor of Mallesons, Stephen Jacques

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

6 March 2006

10553 of 2005 Lorraine Bogatez v North Sydney Council

JUDGMENT 1 This is an extempore judgment for a matter that has come before me this morning as consent orders. By way of background, this matter commenced on site as an on-site hearing and as consent orders and at that stage the Court heard from the neighbouring objector in terms of view loss from their premises and the Court also took the opportunity of understanding the plans further and looking at the landscaping for the proposed development.