Machon Paull Consultancy Pty Ltd v North Sydney City Council [2007] NSWLEC 447

Land and Environment Court of New South Wales

CITATION : Machon Paull Consultancy Pty Ltd v North Sydney City Council [2007] NSWLEC 447

APPLICANT Machon Paull Consultancy Pty Ltd PARTIES : RESPONDENT North Sydney City Council

FILE NUMBER(S) : 11168 of 2006

CORAM: Hoffman C

KEY ISSUES: Deemed Refusal :- Aged Care facility, topography, excavation, front setback, building height, streetscape, bulk and scale, internal amenity and precinct character.

Environmental Planning and Assessment Act 1979 North Sydney Local Environmental Plan (LEP) 2001 LEGISLATION CITED: Draft NSLEP 2001 (General Amendments) North Sydney Section 94 Contributions Plan 2004 State Environmental Planning Policy No. 1

DATES OF HEARING: 17/05/2007 and 18/05/2007

DATE OF JUDGMENT: 20 July 2007

APPLICANT Mr C. W. McEwen, SC Instructed by Wilshire Webb Staunton Beattie

LEGAL REPRESENTATIVES: RESPONDENT Mr A. Pickles, barrister Instructed by M. Jaku of Malleson Stephen Jaques

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

20 July 2007

11168 of 2006 Machon Paull Consultancy Pty Ltd v North Sydney City Council

JUDGMENT 1 This is a Class 1 Appeal No.11168 of 2006 between Machon Paull Consultancy Pty Ltd and North Sydney council in regard to the deemed refusal of the demolition of an existing house and an existing nursing home in two other houses, at Nos.7-11 Illiliwa St Cremorne; and the erection of a 3-storey aged care facility above a basement carpark. The Site Street Address : 2 7-11 Illiliwa Street, Cremorne.