Argent & Anor v North Sydney Council [2011] NSWLEC 1171

Land and Environment Court New South Wales

Medium Neutral Citation: Argent & Anor v North Sydney Council [2011] NSWLEC 1171 Hearing dates: 27 June 2011 Decision date: 28 June 2011 Jurisdiction: Class 1 Before: Morris C Decision: (1)The appeal is dismissed; (2)Development Application DA162/10 for alterations and additions to an existing dwelling at No 74 Ellalong Road, Cremorne to create a two storey dwelling with basement, new swimming pool, double carport, front fence and landscaping is determined by the refusal of development consent; and (3)The exhibits, other than Exhibits 3, D and H, are returned. Catchwords: Development Application - Building Height Plane - Overshadowing - Bulk & Scale - Tree removal - SEPP 1 objection Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 North Sydney Local Environmental Plan 2001 Cases Cited: Winten Property Group Limited v North Sydney Council (2001) NSWLEC 46 Wehbe v Pittwater Council [2007] NSWLEC 827 Texts Cited: North Sydney Development Control Plan 2002 Macquarie Dictionary Category: Principal judgment Parties: Peter and Lynette Argent (Applicants)

North Sydney Council (Respondent) Representation: Mr M Driscoll (Applicant) BCP Lawyers & Consultants

Mr P Marincowitz (Respondent) Sparke Helmore File Number(s): 10396 of 2011

Judgment 1This is a determination of proceedings pursuant to the provisions of s34AA(2)(b)(i) of the Land and Environment Court Act 1979 in relation to the refusal by North Sydney Council (the council) of Development Application DA162/10 (the application) which proposes the alterations and additions to an existing dwelling at No 74 Ellalong Road Cremorne (the site) to create a two storey dwelling with basement, new swimming pool, double carport, front fence and landscaping. The contentions between the parties were narrowed during the conciliation process however were not completely resolved and accordingly, the conciliation process was terminated and the matter proceeded to hearing.