Richard R Pearson v North Sydney Council [2003] NSWLEC 378

> Land and Environment Court of New South Wales

CITATION : Richard R Pearson v North Sydney Council [2003] NSWLEC 378 APPLICANT Richard R Pearson PARTIES : RESPONDENT North Sydney Council FILE NUMBER(S) : 10894 of 2003 CORAM: Bly C KEY ISSUES: Development Application :- for alterations and additions to an heritage dwelling LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 96 CASES CITED: Vasic Pty Ltd v Penrith City Council ; Tiipalea Watson Pty Ltd v Ku-ring-gai Council [2003] NSWLEC 253 DATES OF HEARING: 17 November 2003 EX TEMPORE JUDGMENT DATE : 11/17/2003

APPLICANT Mr S Brockwell, barrister SOLICITORS Peter Prior & Company

LEGAL REPRESENTATIVES: RESPONDENT Ms H Irish, barrister SOLICITORS Mallesons Stephen Jaques

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 10894 of 2003

Bly C

17 November 2003

Richard R Pearson Applicant v

North Sydney Council Respondent

Judgment

1 . Some time ago this applicant sought from the North Sydney Council an approval for extensive alterations and additions, to an existing heritage listed dwelling house at 15 Kareela Road, Cremorne Point.

2 . Following council's examination of that application, concerns were communicated to the applicant which resulted in a number of changes to the application. As a result of those changes, the council then was able to conclude, having considered the reports of its experts, that the proposal was satisfactory and that consent could be granted. Such consent was granted on 24 June 2002 (Exhibit A).