Davis v North Sydney Council [2017] NSWLEC 1555

Land and Environment Court New South Wales

Medium Neutral Citation: Davis v North Sydney Council [2017] NSWLEC 1555 Hearing dates: 21,24 July 2017, 18 August 2017 Date of orders: 02 January 2018 Decision date: 05 October 2017 Jurisdiction: Class 1 Before: Brown C Decision: (1) The appeal is upheld. (2) Development Application No. 184/16 for alterations and additions to an existing dwelling house at 2 Wilson Street, Cammeray is approved subject to the conditions at Annexure 'A'. (3) The exhibits are returned with the exception of exhibits C, D and 1. Catchwords: DEVELOPMENT APPLICATION: alterations and additions to an existing dwelling house – whether there is a detrimental effect on the heritage conservation area in relation to the excavated garage and the design of the additions to the rear of the existing dwelling – whether consent can be granted under the Roads Act 1993 Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 North Sydney Local Environmental Plan 2013 Roads Act 1993 Cases Cited: Botany Bay City Council v Pet Carriers International Pty Limited [2013] NSWLEC 147 Connery v Manly Council [1999] NSWLEC 284; (1999) 105 LGERA 451; Gibson v Mosman Municipal Council [2001] NSWLEC 134; 114 LGERA 416; Goldberg v Waverley Council [2007] NSWLEC 259 Texts Cited: Practice Note – Residential Class 1 Development Appeals Category: Principal judgment Parties: Matthew Davis (First Applicant) Megan Davis (Second Applicant)