Edward Listin Properties Pty Ltd v North Sydney Council (No. 2) [2000] NSWLEC 181

Edward Listin Properties Pty Ltd v North Sydney Council (No. 2) [2000] NSWLEC 181

Consent was refused because the proposal remained an overdevelopment of the site: it scarcely complied with aspects of North Sydney Local Environmental Plan 1989, retained non-compliances including building height plane issues, provided deficient and marginal landscaping and useable private open space for some dwellings, failed to achieve satisfactory internal and external amenity, and was not sufficiently consistent with the objectives and future planning approach of the pending Draft North Sydney Local Environmental Plan 2000.

Jurisdiction
Australia
Judgment Date
16 August 2000
Procedural Posture
Development Application Appeal / Judgment After Hearing
Outcome
Appeal dismissed; development application refused.
Legal Topics
['development Consent' 'draft Local Environmental Plan' 'residential Development' 'building Height Plane' 'landscaped Area' 'overdevelopment']
['environmental Planning and Assessment' 'land Use Planning'] ['development Consent' 'draft Local Environmental Plan' 'residential Development' 'building Height Plane' 'landscaped Area' 'overdevelopment']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Development Application Appeal / Judgment After Hearing

Legal Issues

  1. 1 ['What weight should be given to Draft North Sydney Local Environmental Plan 2000 in determining the development application.' 'Whether the proposed re-subdivision and dwellings were consistent with the objectives and controls of North Sydney Local Environmental Plan 1989 and Draft North Sydney Local Environmental Plan 2000.' 'Whether breaches of the building height plane and landscaping deficiencies indicated overdevelopment and unacceptable amenity impacts.']

Ratio Decidendi

Consent was refused because the proposal remained an overdevelopment of the site: it scarcely complied with aspects of North Sydney Local Environmental Plan 1989, retained non-compliances including building height plane issues, provided deficient and marginal landscaping and useable private open space for some dwellings, failed to achieve satisfactory internal and external amenity, and was not sufficiently consistent with the objectives and future planning approach of the pending Draft North Sydney Local Environmental Plan 2000.

Court Disposition

Appeal dismissed; development application refused.

Orders

  • ['The appeal is dismissed.' 'Development application No 671/00 is determined by refusal of consent.' 'The exhibits may be returned.']