Doyle v North Sydney Council [2019] NSWLEC 1545

Land and Environment Court New South Wales

Medium Neutral Citation: Doyle v North Sydney Council [2019] NSWLEC 1545 Hearing dates: 30 October 2019 Date of orders: 12 November 2019 Decision date: 12 November 2019 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application No. 428/18, for the construction of a masonry wall and a new timber fence on 22 Cairo Street, Cammeray (Lot 1 DP 1067809), separating the two entries to the semi-detached dwellings and connected to an existing fence which is located between the subject site and its adjoining property at No. 20 Cairo Street, Cammeray, is granted consent subject to the conditions of consent annexed hereto and marked "A", and relies on plans marked "B". (3) There is no order as to costs. (4) The exhibits, except for Exhibits 2, 3, A, B and F are returned. Catchwords: DEVELOPMENT APPLICATION – masonry wall and new fence – consent orders – character – amenity – heritage conservation area – works wholly on applicants land Legislation Cited: Access to Neighbouring Land Act 2000 Dividing Fences Act 1991 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 North Sydney Local Environmental Plan 2013 Cases Cited: Alphatex Australia v The Hills Shire Council (No 2) [2009] NSWLEC1126 Galea v Marrickville Council (2005) 141 LGERA 21 Texts Cited: North Sydney Development Control Plan 2013 The Practice Note - Class 1 Development Appeals, Land and Environment Court Category: Principal judgment Parties: Michael Doyle (First Applicant) Sally Mitchell (Second Applicant) North Sydney Council (Respondent) Representation: Counsel: D Briggs (Solicitor) (Applicants) K Law (Solicitor) (Respondent)