Ganellen Pty Limited v North Sydney Council [2012] NSWLEC 1344

Land and Environment Court New South Wales

Medium Neutral Citation: Ganellen Pty Limited v North Sydney Council [2012] NSWLEC 1344 Hearing dates: 6-7 December 2012 Decision date: 14 December 2012 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld in part Catchwords: Modification application, hours of construction work Legislation Cited: North Sydney Local Environmental Plan 2001 Cases Cited: Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 Texts Cited: Interim Construction Noise Guideline Category: Principal judgment Parties: Ganellen Pty Limited (Applicant)

North Sydney Council (Respondent) Representation: Mr M Staunton (Applicant)

Mr A Pickles (Respondent) Solicitors Ms A Waters Gadens Lawyers (Applicant)

Mr C Drury Sparke Helmore (Respondent) File Number(s): 10759 of 2012

Judgment 1Ganellen sought approval from North Sydney Council to modify conditions of consent relating to construction hours as approved under Development Application No. D47/11 (consent) so as to increase the hours of work. The council refused the application and Ganellen is appealing that decision. 2The contentions in the case are whether the extended hours will adversely impact the amenity of neighbours, if there is to be an impact, whether allowing increased hours so as to reduce the overall construction time will offset those impacts and whether there will be adverse impacts on traffic and parking in the vicinity of the development.