Modog Pty Ltd v North Sydney Council [2018] NSWLEC 1420

Land and Environment Court New South Wales

Medium Neutral Citation: Modog Pty Ltd v North Sydney Council [2018] NSWLEC 1420 Hearing dates: 6-7 August 2018 Date of orders: 10 August 2018 Decision date: 10 August 2018 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is dismissed. 2. Development Application No. 61/17 for the adaptive reuse of a commercial building to a mixed use including the addition of a fourth storey and roof terraces over, at 35 Myrtle Street, North Sydney, is refused. 3. The exhibits, other than exhibits 1 and A, are returned. Catchwords: DEVELOPMENT APPLICATION: adaptive reuse of an existing commercial building to a mixed use; addition of a storey and roof terraces above; exceedance of the height of buildings development standard and non-compliance with the non-residential floor space ratio development standard; whether the elements that form the roof terraces are architectural roof features within the meaning of clause 5.6 of the North Sydney Local Environmental Plan 2013; amenity impacts on neighbouring properties. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 North Sydney Development Control Plan 2013 North Sydney Local Environmental Plan 2013 Cases Cited: William Karavelas v Hurstville City Council [2015] NSWLEC 1095 Category: Principal judgment Parties: Modog Pty Ltd (Applicant) North Sydney Council (Respondent) Representation: Counsel: Ms J. Reid, barrister (Applicant) Mr T. To, barrister (Respondent)