David Fox v North Sydney Council [2016] NSWLEC 1366

Land and Environment Court New South Wales

Medium Neutral Citation: David Fox v North Sydney Council [2016] NSWLEC 1366 Hearing dates: 22-24 August, 2016 Date of orders: 30 August 2016 Decision date: 30 August 2016 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is dismissed. 2. Development Application No. 307/15 for the demolition of all above ground structures, the repair of the existing slipways and construction of a new three storey mixed use building, is refused. 3. The exhibits, other than exhibits 1 and A, are returned. Catchwords: DEVELOPMENT APPLICATION: permissibility; conservation incentive clause; impacts on amenity of adjoining land. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act Category: Principal judgment Parties: David Fox (Applicant) North Sydney Council (Respondent) Representation: Counsel: Mr I Hemmings SC and Mr S Nash (Applicant) Mr P. Larkin SC and Mr T To (Respondent)

Solicitors: Project Lawyers (Applicant) HWL Ebsworth Lawyers (Respondent) File Number(s): 2016/149869 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the deemed refusal of Development Application No. 307/15 for the demolition of all existing above ground structures; repair of the existing slipways and construction of a new three storey mixed use building, comprising commercial floor space at the ground floor level with a single dwelling house over two floors constructed over the commercial floor space (the proposal) at 1 Henry Lawson Avenue, McMahons Point (the site) by North Sydney Council (the Council). The appeal was not subjected to a conciliation conference. 2. On 31 May, 2016, the applicant was granted leave by the Court to rely on an amended proposal.