Pullen v North Sydney Council [2009] NSWLEC 1376

Land and Environment Court of New South Wales

CITATION : Pullen v North Sydney Council [2009] NSWLEC 1376

APPLICANT Mark Pullen PARTIES : RESPONDENT North Sydney Council

FILE NUMBER(S) : 10617 of 2009

CORAM: Hussey C

KEY ISSUES: DEVELOPMENT MODIFICATION :- Garage within front set back, height, streetscape and visual impacts

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: North Sydney Local Environmental Plan 2001 North Sydney Development Control Plan 2002; Draft SEPP 1 and SEPP 55.

DATES OF HEARING: 12 November 2009

EX TEMPORE JUDGMENT DATE : 12 November 2009

APPLICANT Mr J Hones (solicitor) SOLICITOR Hones La Hood LEGAL REPRESENTATIVES:

RESPONDENT Ms J Hewitt (solicitor) SOLICITOR HWL Ebsworth Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

12 November 2009

10617 of 2009 Mark Pullen v North Sydney Council This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT Background. 1 This appeal is against council refusal of a s 96 application to modify aspects of a development consent for a new dwelling, swimming pool and garage located at 12 Levick, Street, Cremorne. The particular modifications concern: i. Increasing the height of the parapet along the northern portion of the building by 100mm. ii. The construction of a new stormwater disposal system, discharging towards the rear of the property with a connection to a pipe in the adjoining drainage easement. iii. Increasing the height of part of the garage by up to 400 mm -- this relates mainly to the inclusion of a front parapet to screen the revised garage roof structure and to provide a satisfactory transition to the parapet of the dwelling. 2 I understand from the submissions that the first 2 modification items are accepted by Council and in the absence of any compelling evidence, I accept this outcome, having considered the relevant controls in the LEP and DCP.