Belling v North Sydney Council [2018] NSWLEC 1656

Land and Environment Court New South Wales

Medium Neutral Citation: Belling v North Sydney Council [2018] NSWLEC 1656 Hearing dates: 5 October 2018 Date of orders: 19 December 2018 Decision date: 19 December 2018 Jurisdiction: Class 1 Before: Adam AC Decision: (1) The appeal is upheld; (2) Development Application No. D311/17 to increase the height of the existing front fence by 350mm for a length of 5760mm is determined by granting consent to the application subject to the conditions in Annexure "A"; (3) Exhibits may be returned except for Exhibits 1 and D. Catchwords: DEVELOPMENT APPLICATION: Obstructions to views from public and private domains – privacy – alternative skilful designs – heritage conservation area – whether conditions require a restriction on title Legislation Cited: Conveyancing Act 1919 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 North Sydney Local Environmental Plan 2013 Cases Cited: MacDonald v Mosman Municipal Council [1999] NSWLEC 215 Meriton v Sydney City Council [2004] NSWLEC 313 Rose Bay Marina Pty Limited v Woollahra Municipal Council and anor [2013] NSWLEC 1046 Super Studio v Waverley Council [2004] NSWLEC 91 Tenacity Consulting v Warringah Council [2004] NSWLEC 140 Texts Cited: North Sydney Development Control Plan 2013 Category: Principal judgment Parties: Bryan Belling (First Applicant) Christine Williams (Second Applicant) North Sydney Council (Respondent) Representation: Counsel: P Tomasetti SC (Applicants)