NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Modog Pty Limited v North Sydney Council No. 2 [2017] NSWLEC 1598 Hearing dates: 29 – 30 August 2017 Date of orders: 24 October 2017 Decision date: 24 October 2017 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Development Application No. 339/16 for a residential flat building at 1 The Boulevarde, Cammeray is approved, subject to the conditions of consent at Annexure A. 3. The exhibits, other than exhibit 1, are returned. Catchwords: DEVELOPMENT APPLICATION: construction of a residential flat building; existing use rights; appropriateness of the size of the building envelope; impact on adjoining heritage item; directions to amend the proposal. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Goldberg v Waverley Council (2007) 156 LGERA 27 Stromness Pty Limited v Woollahra Municipal Council [2006] NSWLEC 587 Tenacity Consulting v Waringah [2004] NSWLEC 140 Category: Principal judgment Parties: Modog Pty Limited (Applicant) North Sydney Council (Respondent) Representation: Counsel: Ms J. Reid barrister (Applicant) Ms K. Gerathy solicitor (Respondent)
Solicitors: Pikes & Verekers Lawyers (Applicant) HWL Ebsworth Lawyers (Respondent) File Number(s): 2017/75201 Publication restriction: No
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