Bourke v North Sydney Council [2014] NSWLEC 1035

Land and Environment Court New South Wales

Medium Neutral Citation: Bourke v North Sydney Council [2014] NSWLEC 1035 Hearing dates: 24-25 February 2014 Decision date: 04 March 2014 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is dismissed. 2. Development Application No. 148/2013, for the demolition of the existing dwelling and construction of a 3 storey seniors living development is refused. 3. The exhibits, other than exhibits 5, 6, 9 and M, are returned. Catchwords: DEVELOPMENT APPLICATION: demolition of a contributory item within the Wollstonecraft Conservation Area and construction of a new seniors living development; whether the demolition of the contributory item retains the Wollstonecraft Conservation Area; whether the scale and character of the seniors living development will complement and sensitively harmonise with the Wollstonecraft Conservation Area; whether a vehicle passing bay is required. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Maygood Australia Pty Ltd v Willoughby City Council [2013] NSWLEC 142 Helou v Strathfield Municipal Council [2006] NSWLEC 66 Category: Principal judgment Parties: Mr Michael Bourke (Applicant) North Sydney Council (Respondent) Representation: Mr Michael Staunton barrister (Applicant) Mr Andrew Pickles barrister (Respondent) Pikes & Verekers Lawyers (Applicant) Sparke Helmore (Respondent) File Number(s): 10655 of 2013