Stevens v North Sydney Council [2024] NSWLEC 1621

Stevens v North Sydney Council [2024] NSWLEC 1621

The appeal is upheld and development consent granted because the Court is satisfied that the statutory requirements for granting consent, including the variation of the building height standard, have been met and that the proposed development is consistent with local and state planning objectives, with agreement between parties and appropriate conditions imposed.

Parties
Applicant: Catherine Louise Mary Stevens; Respondent: North Sydney Council
Jurisdiction
Australia
Judgment Date
04 October 2024
Procedural Posture
Appeal Pursuant to S 8.7 Environmental Planning and Assessment Act 1979 / Determination Following Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
Development Application, Conciliation Conference, Development Consent, Local Environmental Plan, Height of Buildings Standard, Foreshore and Waterways Area, Heritage Conservation Area, Clause 4.6 Variation
Planning and Environment Development Application Conciliation Conference Development Consent Local Environmental Plan Height of Buildings Standard Foreshore and Waterways Area Heritage Conservation Area +1 more

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Parties

Catherine Louise Mary Stevens

Applicant

North Sydney Council

Respondent

Procedural Posture

Appeal Pursuant to S 8.7 Environmental Planning and Assessment Act 1979 / Determination Following Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted for alterations and additions to an existing residential dwelling, including internal reconfiguration, first floor extension, new garage and landscaping works
  2. 2 Whether a variation to the maximum building height standard under clause 4.6 of North Sydney Local Environmental Plan 2013 should be upheld

Ratio Decidendi

The appeal is upheld and development consent granted because the Court is satisfied that the statutory requirements for granting consent, including the variation of the building height standard, have been met and that the proposed development is consistent with local and state planning objectives, with agreement between parties and appropriate conditions imposed.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • The appeal is upheld
  • Development consent is granted to development application No DA 381/2022 for alterations and additions to an existing residential dwelling including internal reconfiguration, first floor extension, new garage and associated landscape works on the land at 9 Gundimaine Avenue, Kurraba Point NSW 2089, known as Lot 2 in...