Miyakawa v North Sydney Council [2019] NSWLEC 1414

Land and Environment Court New South Wales

Medium Neutral Citation: Miyakawa v North Sydney Council [2019] NSWLEC 1414 Hearing dates: Conciliation conference on 16 August 2019; 30 August 2019 Date of orders: 06 September 2019 Decision date: 06 September 2019 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders: (1) The applicant is granted leave to amend the development application and rely upon the following plans in the proceedings referred to at condition A1 in Annexure A. (2) The appeal is upheld. (3) The written request to vary the height standard set out in clause 4.6 variation – building height prepared by DMPS dated 21 August 2019 pursuant to clause 4.6 of the North Sydney Local Environmental Plan 2013 is upheld. (4) Development application D284/18 seeking alterations and additions to an existing heritage listed dwelling is approved subject to the conditions in Annexure A Catchwords: DEVELOPMENT APPEAL – heritage item – heritage conservation area – conciliation conference – agreement between parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 North Sydney Local Environmental Plan 2013 Category: Principal judgment Parties: Helen Caroline Miyakawa (Applicant) North Sydney Council (Respondent) Representation: Solicitors: Conomos Legal (Applicant) Houston Dearn O'Connor (Respondent) File Number(s): 2019/138941 Publication restriction: No