Jason Corporation Pty Limited v North Sydney Council [2005] NSWLEC 64

Land and Environment Court of New South Wales

CITATION : Jason Corporation Pty Limited v North Sydney Council [2005] NSWLEC 64

APPLICANT Jason Corporation Pty Limited

PARTIES : RESPONDENT North Sydney Council

FILE NUMBER(S) : 11213 of 2004

CORAM: Murrell C

Development Application :- Conversion of an existing warehouse to a commercial development with a residential component above with six townhouses. KEY ISSUES: Solar Access - Overshadowing Impacts - Bulk and Scale - Setbacks - Privacy - Streetscape.

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

DATES OF HEARING: 3/02/2005 and 8/02/2005 EX TEMPORE JUDGMENT DATE : 02/08/2005

APPLICANT Ms M L Taylor, solciitor of Norman Waterhouse

LEGAL REPRESENTATIVES:

RESPONDENT Ms E Duenow, solicitor of Mallesons Stephen Jaques

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

8 February 2005

11213 of 2004 Jason Corporation Pty Limited v North Sydney Council

JUDGMENT

1 This matter has come to me as consent orders. A development application was submitted to North Sydney City Council for 1 Cassins Avenue, North Sydney for the conversion of the existing warehouse building to a commercial development with a residential component above for six townhouses.

2 The matter was assessed by the council and the council refused the application for a number of reasons including amenity on the surrounding residential area, and whether the proposal was appropriate in terms of council's controls. At the time the matter was determined by council it is noted that the applicant had not demonstrated existing use rights.