NSW Caselaw
Land and Environment Court of New South Wales
CITATION : McClenahan v North Sydney Council [2007] NSWLEC 312 This decision has been amended. Please see the end of the judgment for a list of the amendments.
APPLICANT John McClenahan and Tomoko McClenahan PARTIES : RESPONDENT North Sydney Council
FILE NUMBER(S) : 10552 of 2003
CORAM: Brown C
KEY ISSUES: Development Application :- alterations and additions to an existing dwelling to provide for three apartments - impact on heritage item and conservation area - height - excavation - internal amenity
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: North Sydney Local Environmental Plan 2001 State Environmental Planning Policy No 1
CASES CITED: Winten Property Group Limited v North Sydney Council (2001) NSWLEC 46
DATES OF HEARING: 2,3/05/07
DATE OF JUDGMENT: 6 June 2007
APPLICANT Mr R Lancaster, barrister SOLICITORS Dibbs Abbott Stillmam LEGAL REPRESENTATIVES: RESPONDENT Ms H Irish, barrister SOLICITORS Mallesons Stephen Jaques
JUDGMENT: - 3 - THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Brown C
6 June 2007
10552 of 2003 John McClenahan and Tomoko McClenahan v North Sydney Council
JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal by North Sydney Council (the council) of Development Application No 85/03 for alterations and additions to an existing dwelling to provide for three apartments at 57 Cremorne Road Cremorne Point (the site).
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