Stralow D & Anor v North Sydney [2004] NSWLEC 124

Land and Environment Court of New South Wales

CITATION : Stralow D & Anor v North Sydney [2004] NSWLEC 124 APPLICANT STRALOW D & ANOR PARTIES : RESPONDENT NORTH SYDNEY COUNCIL

FILE NUMBER(S) : 11487 of 2003 CORAM: Hoffman C Development Application :- heritage item streetscape KEY ISSUES: building height plane landscape area front setback.

LEGISLATION CITED: North Sydney Local Environment Plan 2001 North Sydney Development Control Plan 2002 CASES CITED: DATES OF HEARING: 22 - 24/03/2004 DATE OF JUDGMENT: 03/24/2004

APPLICANT Mr B Hones (solicitor) Hones Lawyers

LEGAL REPRESENTATIVES: RESPONDENT Mr N Ogden (solicitor) Mallesons Stephen Jacques

JUDGMENT: 1

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

11487of 2003 Hoffman C 24 March 2004 Douglas Stralow & Anor Applicant

v North Sydney Council Respondent Judgment

1 . This was a Class 1 Appeal 11487 of 2003 between D & E Stralow and North Sydney Council regarding the refusal of an application for a two-car garage at No. 8 Baden Road, Neutral Bay.

2 . The house was a two-storey Federation heritage item under the North Sydney Local Environment Plan 2001 . The council had already approved a single car garage in a similar position and design to the proposal. This earlier consent involved rebuilding the front veranda of the heritage item across the full front facade of the house because its brick balustrade wall had developed a lean outwards and had dropped. Cracks in the brick balustrade of the verandah revealed this. The house itself had no cracks.