Modog Pty Ltd v North Sydney Council [2006] NSWLEC 777

Land and Environment Court of New South Wales

CITATION : Modog Pty Ltd v North Sydney Council [2006] NSWLEC 777

APPLICANT Modog Pty Ltd PARTIES : RESPONDENT North Sydney Council

FILE NUMBER(S) : 10577 of 2006

CORAM: Hoffman C

KEY ISSUES: Development Application :- Parking bays, subdivision pattern, prohibition, drainage, duplexes, landscaping and tree protection, height, loss of backyard space, visual relief

North Sydney Local Environmental Plan 2001 North Sydney Development Control Plan 2002 LEGISLATION CITED: State Environmental Planning Policy No. 1 State Environmental Planning Policy No. 55 Local Government Act 1993

DATES OF HEARING: 20-21/11/2006

EX TEMPORE JUDGMENT DATE : 11/21/2006

APPLICANT Ms J Reid, solicitor, SOLICITORS Pike Pike & Fenwick LEGAL REPRESENTATIVES: RESPONDENT Ms H Irish, barrister, With Mr F Tse, solicitor Of: Malleson Stephen Jaques

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

21 November 2006

10577 of 2006 Modog Pty Ltd v North Sydney Council

JUDGMENT

1 This is a class 1 appeal No. 10577 of 2006 between Modog Pty Limited and North Sydney Council in regard to a proposed development at Nos. 3 and 5 Lambert Street, Cammeray. The site and locality 2 The site is located at the intersection of Lambert Street and Cammeray Road. Within the dead-end of Lambert Street, outside the site, there are a series of parking bays generally used by residents of Lambert Street.