McCarthy v North Sydney City Council [2019] NSWLEC 1373

Land and Environment Court New South Wales

Medium Neutral Citation: McCarthy v North Sydney City Council [2019] NSWLEC 1373 Hearing dates: Conciliation conference on 25-26 July 2019; 31 July 2019 Date of orders: 08 August 2019 Decision date: 08 August 2019 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) Leave is granted to the Applicant to rely on the amended architectural plans and schedule of finishes set out in condition A1 of Annexure A. (2) The Applicant's written request under clause 4.6 of the North Sydney Local Environmental Plan 2013 ("NSLEP"), prepared by Chapman Planning Pty Ltd and dated 31 July 2019 (contained at Annexure B), for the non-compliance with the height of buildings development standard in clause 4.3 of the NSLEP is upheld. (3) The appeal is upheld. (4) Development consent is granted to Development Application No. 155/18 for alterations and additions to the existing dwelling on Lot 3 in Deposited Plan 813650, known as 7 Penshurst Avenue, Kurraba Point subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 North Sydney Local Environmental Plan 2013 Texts Cited: North Sydney Development Control Plan 2013 Category: Principal judgment Parties: Michael McCarthy (Applicant) North Sydney City Council (Respondent) Representation: Counsel: M Staunton (Applicant)