Nicklin v North Sydney Council [2019] NSWLEC 1428

Nicklin v North Sydney Council [2019] NSWLEC 1428

The appeal is upheld and development consent granted, as the amended design achieves the objectives for permissible use, does not exceed the height standard, and does not detrimentally impact heritage significance, and the parties reached an acceptable agreement at conciliation.

Parties
Applicant: Marion Nicklin; Respondent: North Sydney City Council
Jurisdiction
Australia
Judgment Date
13 September 2019
Procedural Posture
Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions; Applicant given leave to amend; Applicant to pay costs.
Legal Topics
Development Application, Heritage Conservation Area, Appeal, Conciliation Conference
Planning and Environment Development Application Heritage Conservation Area Appeal Conciliation Conference

Case Brief

Summary, issues, holding and outcome

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Parties

Marion Nicklin

Applicant

North Sydney City Council

Respondent

Procedural Posture

Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether consent should be granted to an amended development application for a double carport in a heritage conservation area

Ratio Decidendi

The appeal is upheld and development consent granted, as the amended design achieves the objectives for permissible use, does not exceed the height standard, and does not detrimentally impact heritage significance, and the parties reached an acceptable agreement at conciliation.

Court Disposition

Appeal upheld; development consent granted subject to conditions; Applicant given leave to amend; Applicant to pay costs.

Orders

  • The Applicant is given leave to amend the development application and rely on the plans referred to in condition A1 in Annexure 'A'.
  • The applicant is to pay the respondents costs of assessment of the amended development application in the sum of $310 within 28 days.