Edwards v North Sydney Council [2011] NSWLEC 1260

Land and Environment Court New South Wales

Medium Neutral Citation: Edwards v North Sydney Council [2011] NSWLEC 1260 Hearing dates: 15 August 2011 Decision date: 16 August 2011 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is upheld. 2. Development Application No. 37/11 for alterations and additions to an existing dwelling at 27 Kareela Road, Cremorne Point is approved subject to the conditions in Annexure "A". 3. The exhibits are to be returned with the exception of exhibit B. Catchwords: DEVELOPMENT APPLICATION - alterations and additions to an existing dwelling - whether garage extension appropriate - streetscape Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No 1 Land and Environment Court Act 1979 North Sydney Local Environmental Plan 2001 North Sydney Council Development Control Plan 2002 Category: Principal judgment Parties: Samantha Jane Edwards (Applicant)

North Sydney Council (Respondent) Representation: Counsel Mr C Edwards, agent (Applicant)

Ms K Gerathy, solicitor (Respondent) Solicitors HWL Ebsworth Lawyers (Respondent) File Number(s): 10492 of 2011

Judgment 1COMMISSIONER: This is an appeal against the decision of North Sydney Council against conditions imposed on the Development Application 37/11 for alterations and additions to an existing dwelling at 27 Kareela Road, Cremorne Point. The conditions in dispute are: Condition C1 - Garage No approval is granted or implied for the construction of a double garage. The approved plans must be amended to retain the existing garage structure in its current form. Condition C2 - Balustrade No approval is granted or implied for the glazed balustrade along the rear top floor balcony. The existing balustrades are to be retained. 2The appeal was heard as an on-site hearing and the site and surrounding area were inspected at the commencement of the hearing with the parties, and following the inspection, the remainder of the hearing was conducted on the site of the appeal. 3The appeal was conducted as a conciliation conference under s 34AA of the Land and Environment Court Act 1979. As part of the conciliation conference process, the opportunity for an agreement or a reduction in a number of conditions in contention were explored with the parties. This resulted in a revised condition C2, that was acceptable to both parties. 4Condition C1 remained at issue and as no overall agreement was reached the conciliation was terminated pursuant to s 34AA(2)(b). In accordance with s 34AA(2)(b)(i) the hearing was held forthwith and in accordance with s 34AA(2)(b)(ii) on the basis of what occurred at the conciliation conference.