Hussain v North Sydney Council [2013] NSWLEC 1092

Land and Environment Court New South Wales

Medium Neutral Citation: Hussain v North Sydney Council [2013] NSWLEC 1092 Hearing dates: 13 May 2013 Decision date: 31 May 2013 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is upheld. 2. Development Application 463/11 for alterations and additions to an existing dwelling at 20 Tryon Avenue Wollstonecraft is approved subject to the conditions in Annexure A. 3. The exhibits are returned with the exception of exhibits B and C. Catchwords: DEVELOPMENT APPLICATION: alterations and additions to an existing dwelling - breaches of the landscaped area, height and building height plane development standards - whether SEPP 1 objections well founded - bulk - overshadowing Legislation Cited: Environmental Planning and Assessment Act 1979 North Sydney Local Environmental Plan 2001 State Environmental Planning Policy No 1 Cases Cited: Wehbe v Pittwater Council [2007] 156 LGERA 446 Winten Property Group Limited v North Sydney Council (2001) NSWLEC 46 Category: Principal judgment Parties: Syed Hussain (Applicant) North Sydney Council (Respondent) Representation: Mr G McKee, solicitor (Applicant) Ms C Morton, solicitor (Respondent) Solicitors McKees Legal Solutions (Applicant) Sparke Helmore (Respondent) File Number(s): 11267 of 2012

Judgment 1COMMISSIONER: This is an appeal against the refusal of Development Application 463/11 by North Sydney Council (the council) for alterations and additions to an existing dwelling at 20 Tryon Avenue Wollstonecraft (the site). 2The contentions raised by the council relate to: * non-compliance with the landscaped area development standard, * non-compliance with the maximum height development standard, * non-compliance with the building height plane development standard, * unacceptable overshadowing, and * unacceptable visual bulk when viewed from the adjoining properties and from Tryon Avenue. 3The applicant provided objections under State Environmental Planning Policy No 1 - Development Standards (SEPP 1) to show why strict compliance with the landscaped area, maximum height and building height plane development standards are unreasonable and unnecessary.