Connoisseur Property Holdings Pty Ltd v North Sydney Council [2019] NSWLEC 1190

Land and Environment Court New South Wales

Medium Neutral Citation: Connoisseur Property Holdings Pty Ltd v North Sydney Council [2019] NSWLEC 1190 Hearing dates: 12 April 2019 Date of orders: 15 April 2019 Decision date: 15 April 2019 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders are: (1) The appeal is upheld. (2) The modification application number DA 460/16/4 for consent to modify the development consent DA 460/16 for a residential flat building at 18 Illiliwa Street, Cremorne is approved subject to the agreed conditions of consent filed with the Court on 10 April 2019 and marked Annexure A to this judgment. (3) The exhibits are returned except for Exhibits A and 4. Catchwords: MODIFICATION APPLICATION: modify approved development consent – erection of replacement residential flat building with basement car parking – low density residential zone – enlarge the eastern side building envelope – further deep soil planting – additional tree Legislation Cited: Environmental Planning and Assessment Act 1979 North Sydney Local Environmental Plan 2013 Cases Cited: Connoisseur Property Holdings Pty Ltd v North Sydney Council [2018] NSWLEC 1000 Texts Cited: North Sydney Development Control Plan 2013 Category: Principal judgment Parties: Connoisseur Property Holdings Pty Ltd (Applicant) North Sydney Council (Respondent) Representation: Counsel: C McEwen SC (Applicant)

Solicitors: Hartley Solicitors (Applicant) S Shneider, Houston Dearn O'Connor (Respondent) File Number(s): 2018/277470 Publication restriction: No