Luxcon Developments Pty Ltd v North Sydney Council [2011] NSWLEC 1176

Land and Environment Court New South Wales

Medium Neutral Citation: Luxcon Developments Pty Ltd v North Sydney Council [2011] NSWLEC 1176 Hearing dates: 22 June 2011 Decision date: 22 June 2011 Jurisdiction: Class 1 Before: Smithson AC Decision: 1.The appeal is upheld. 2.The application under s96 of the Environmental Planning and Assessment Act for modifications to Development Consent to extend an external terrace and modify the materials of the balustrade and add a planter box is determined by the granting of consent. 3.The development conditions in Exhibits 4 and E apply but with the modification to Conditions A (ii) and 17 to allow transportable pot plants and pots not exceeding 600 mm in total height on the extended terrace, and to Condition 18 to refer to 10pm rather than 9pm. 4.The exhibits are returned to the parties with the exception of Exhibits 1, 2, 4, C, D and E. Catchwords: DEVELOPMENT MODIFICATION - terrace extension - view sharing - glass balustrading impact on views Legislation Cited: Environmental Planning and Assessment Act 1979 North Sydney Local Environmental Plan 2001 North Sydney Development Control Plan 2002 Protection of the Environment (Operations) Act 1997 Cases Cited: Finlay v Manly Council [2006] NSWLEC 224 Super Studio v Waverley Council [2004] NSWLEC 91 Tenacity Consulting v Warringah [2004] NSWLEC 140 Category: Principal judgment Parties: Luxcon Developments (Applicant)

North Sydney Council (Respondent) Representation: Counsel Mr S Brockwell (Applicant) Solicitors Mr J Denes, Denes Ebner (Applicant)