Lynch v North Sydney Council [2013] NSWLEC 1079

Land and Environment Court New South Wales

Medium Neutral Citation: Lynch v North Sydney Council [2013] NSWLEC 1079 Hearing dates: 9 May 2013 Decision date: 10 May 2013 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is upheld. 2. The development application for alterations and additions to an existing terrace at 18 Lavender Street, Lavender Bay is approved subject to the conditions in Annexure A. 3. The exhibits, except Exhibit A, are returned. Catchwords: DEVELOPMENT APPLICATION - alterations and additions to an existing terrace. Impact on heritage significance of item and conservation area. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act North Sydney Local Environmental Plan 2001 Category: Principal judgment Parties: Michael Lynch (Applicant)

North Sydney Council (Respondent) Representation: Ms C Morton of Sparke Hellmore (Applicant) File Number(s): 10149 of 2013

Judgment 1This is an appeal under s97AA of the Environmental Planning and Assessment Act 1979 (EPA Act) against conditions imposed on the development consent issued by North Sydney Council (council) on 21 January 2013 for alterations and additions to an existing terrace at 18 Lavender Street, Lavender Bay (site). 2The applicant is seeking deletion of the following conditions: Retain Arch A2. The arch on the western side of the southern (front) elevation at Level 01 must be retained. (Reason: Heritage conservation) Windows and Doors A3. The windows and the doors of the development must comply with the following: (a) All new windows and doors must be timber framed. (b) The western bi-fold doors at the Level 01 front balcony must incorporate three (3) equally spaced panels. (c) The eastern bi-fold doors at the Level 01 front balcony must incorporate four (4) equally spaced panels with highlight/upper heritage insert panels to match adjoining terraces. (Reason: Heritage conservation) 3The key issues in dispute are whether the removal of Conditions A2 and A3 would adversely impact on the heritage significance of the item and the conservation area.