Modog Pty Limited v North Sydney Council [2013] NSWLEC 1134

Land and Environment Court New South Wales

Medium Neutral Citation: Modog Pty Limited v North Sydney Council [2013] NSWLEC 1134 Hearing dates: 26-28 June 2013 Decision date: 24 July 2013 Jurisdiction: Class 1 Before: Morris C Decision: Appeal dismissed Catchwords: DEVELOPMENT APPLICATION: Boarding house, heritage impacts, amenity impacts, Legislation Cited: North Sydney Local Environmental Plan 2001; State Environmental Planning Policy - (Affordable Rental Housing) 2009; State Environmental Planning Policy No. 1 - Development Standards; State Environmental Planning Policy (Infrastructure) 2007 Cases Cited: Wehbe v Pittwater Council [2007] NSWLEC 827 Texts Cited: North Sydney Development Control Plan 2002 Category: Principal judgment Parties: Modog Pty Limited (Applicant)

North Sydney Council (Respondent) Representation: Mr M Staunton (Applicant) Mr T Sattler Sattler & Associates Pty Ltd (Applicant)

Mr J Cole HWL Ebsworth Lawyers (Respondent) File Number(s): 10256 of 2013

Judgment 1Modog Pty Ltd lodged Development Application DA 447/2012 with North Sydney Council on 20 December 2013 seeking consent for alterations and additions to an existing building, a heritage item, at 317 Pacific Highway, North Sydney to facilitate its use as a boarding house. The front part of the building would be used as commercial office space. 2The council refused consent and Modog is appealing that decision. The issues in the case are whether the development is consistent with the council's planning controls, whether objections to development standards contained within those controls should be upheld, heritage impacts and amenity.