NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Donaldson v North Sydney Council [2008] NSWLEC 1264
Applicant: Myles David Donaldson PARTIES : Respondent: North Sydney Council
FILE NUMBER(S) : 10200 and 10497 of 2008
CORAM: Roseth SC
KEY ISSUES: Development Application - Development Standards - Section 96 Modification - Section 97 Appeal :-
DATES OF HEARING: 30 June 2008
DATE OF JUDGMENT: 4 July 2008
Applicant: LEGAL REPRESENTATIVES: Mr G Green & Ms J Reid, solicitors of Pike Pike & Fenwick Respondent: Mr M Staunton, barrister instructed by Mr T Sheehan of Mallesons
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Roseth SC
4 July 2008
10200 of 2008 Myles David Donaldson v 10497 of 2008 North Sydney Council
JUDGMENT 1 Senior Commissioner: These are two appeals against the refusal by North Sydney Council (the council) of applications relating to lot 2 DP 377483, known as 1 Premier Street, Neutral Bay. Appeal No 10200 of 2008 is against the council's refusal of an application, pursuant to s96 of the Environmental Planning and Assessment Act 1979 (the EPA Act) to amend the existing consent for a three-storey apartment building by adding a fourth storey (the s96 appeal). Appeal No 10497 of 2008 is against the council's refusal of a development application to construct a fourth storey on top of the approved three-storey building (the development application appeal). In practice the two applications, and therefore the two appeals, are the same.
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