Drury v North Sydney Council [2019] NSWLEC 1572

Land and Environment Court New South Wales

Medium Neutral Citation: Drury v North Sydney Council [2019] NSWLEC 1572 Hearing dates: 06 November 2019 Date of orders: 26 November 2019 Decision date: 26 November 2019 Jurisdiction: Class 1 Before: Smithson C Decision: The orders of the Court are: (1) The applicants are granted leave to rely on amended plans. (2) The clause 4.6 request for a variation to the height standard is not upheld. (3) The appeal is dismissed. (4) Development consent to Development Application No. 334/18 for the construction of an elevated vehicular driveway and car parking including lift lobbies on the rooftop above an approved dual occupancy at 6 The Boulevarde, Cammeray is refused. (5) The exhibits are returned other than Exhibits 1, A and B. Catchwords: DEVELOPMENT APPLICATION – rooftop parking with elevated driveway (bridge) over lower footpath for approved dual occupancy – impacts on public domain particularly existing footpath and landscaped reserve – view impacts – whether in keeping with existing or desired future character – height exceedence – requirement for a clause 4.6 request to be upheld – whether compliant with LEP requirement for dual occupancy in low density zone to appear as a dwelling – precedent – public interest Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 North Sydney Local Environmental Plan 2013 Roads Act 1993 Cases Cited: Avakian v North Sydney Council (Land and Environment Court (NSW), Brown C, 19 November 1999 unrep) Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Ipoh Pty Limited v Sydney City Council [2006] NSWLEC 102 Platino Properties Pty Ltd v North Sydney Council [2018] NSWLEC 1424 Rebel MH Neutral Pty Ltd v North Sydney Council [2018] LEC 191 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: North Sydney Council Encroachment Management Policy 2018 North Sydney Council Resident Parking Permit Policy 2018 North Sydney Development Control Plan 2013 Category: Principal judgment Parties: Andrew Drury (First Applicant) Platino Properties Pty Ltd (Second Applicant) North Sydney Council (Respondent) Representation: Counsel: J Reid (Applicants) M Staunton (Respondent)