Cleary v North Sydney Council [2009] NSWLEC 1437

Land and Environment Court of New South Wales

CITATION : Cleary v North Sydney Council [2009] NSWLEC 1437 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT Stephen Cleary PARTIES : RESPONDENT North Sydney Council

FILE NUMBER(S) : 10646 of 2009

CORAM: Hussey C

KEY ISSUES: DEVELOPMENT APPLICATION :- Height, bulk and scale of 1st Floor addition to semi, inadequate setback, unacceptable streetscape impact

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 North Sydney Local Environmental Plan 2001

DATES OF HEARING: 11 December 2009

DATE OF JUDGMENT: 30 December 2009

APPLICANT Mr S. Kondilios (solicitor) SOLICITOR Maddocks Lawyers

LEGAL REPRESENTATIVES:

RESPONDENT Ms K. Gerathy (solicitor) SOLICITOR HWL Ebsworth Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

30 December 2009

10646 of 2009 Stephen Cleary v North Sydney Council

JUDGMENT Background. 1 This appeal is against council's refusal of a development application for alterations and additions to the 1st floor level of a semi detached dwelling at 1 Rodborough Avenue, Crows Nest. 2 The dwelling has been subject to previous alterations and this proposal is to extend the upper level forward of the front of the building by approximately 8m, with the front gable having a street setback of approximately 4.5m. The proposed addition is to provide a further 2 bedrooms and bathroom, resulting in a total of 5 bedrooms and 3 bathrooms. This semi will then be predominantly 2-storey. 3 The main issue identified for the appeal by the council is that the proposal represents an overdevelopment of the site because it is of excessive height, bulk and scale, which is uncharacteristic in scale with its attached neighbour and the streetscape.