Barras v North Sydney Council [2009] NSWLEC 1230

Land and Environment Court of New South Wales

CITATION : Barras v North Sydney Council [2009] NSWLEC 1230

APPLICANT John Barras PARTIES : RESPONDENT North Sydney Council

FILE NUMBER(S) : 11294 of 2008

CORAM: Tuor C

KEY ISSUES: DEVELOPMENT APPLICATION :- driveway crossing and garage impact on heritage significance of conservation area

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: North Sydney Local Environmental Plan 2001 North Sydney Development Control Plan 2002

DATES OF HEARING: 6 April 2009

DATE OF JUDGMENT: 10 July 2009

APPLICANT Mr G McKee, solicitor of McKees Legal Solutions LEGAL REPRESENTATIVES: RESPONDENT Ms K Gerathy, solicitor of HWL Ebsworth

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C

10 July 2009

11294 of 2008 John Barras v North Sydney Council

JUDGMENT 1 This is an appeal against the deemed refusal by North Sydney Council (council) of a Development Application (DA508/08) under the Environmental Planning and Assessment Act 1979 for the construction of a driveway crossing and a single car garage at 8 Lower Spofforth Walk, Cremorne (the site).

2 The key issue between the parties is whether the proposed garage would have an acceptable impact on the heritage significance of the building and the conservation area. The site and its context 3 The site is located on the western side of Lower Spofforth Walk at the northern entrance to Cremorne Reserve. No dwellings fronting Lower Spofforth Walk have vehicular access. Lower Spofforth Walk is a pedestrian walkway that provides access to Mosman Wharf, Cremorne Point and Cremorne Reserve.