NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Scott Mitchell v North Sydney Council [2006] NSWLEC 450
APPLICANT Scott Mitchell PARTIES : RESPONDENT North Sydney Council
FILE NUMBER(S) : 10168 of 2006
CORAM: Brown C
KEY ISSUES: Development Application :- alterations and additions to an existing dwelling - whether condition requiring deletion of carport should be imposed - breach of landscape area and building height plane requirements - streetscape - amenity impacts
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environmental Planning Policy No. 1 North Sydney Local Environmental Plan 2001
CASES CITED: Winten Property Group Limited v North Sydney Council (2001) NSWLEC 46
DATES OF HEARING: 9/06/06, 17/07/06
DATE OF JUDGMENT: 07/21/2006
APPLICANT Mr B Hones, solicitor SOLICITORS Hones Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr S Kondilios, solicitor Ms P Whitford, solicitor SOLICITORS Maddocks
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Brown C
21 July 2006
10168 of 2006 Scott Mitchell v North Sydney Council
JUDGMENT 1 COMMISSIONER: This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 (the EPA Act) against the imposition of a condition imposed by North Sydney Council (the council) in their approval of Development Consent No. 154/05 for alterations and additions to an existing dwelling at 90 MacPherson St., Cremorne (the subject site). 2 The condition in dispute is Condition A4 which states:
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