McCarthy v North Sydney City Council [2019] NSWLEC 1373

McCarthy v North Sydney City Council [2019] NSWLEC 1373

The variation to the height standard is justified as compliance is unreasonable and unnecessary due to site topography and compatible built form; sufficient environmental planning grounds are established under NSLEP 2013 clause 4.6, and granting consent does not adversely impact public interest or amenity. The parties' agreement is within the Court's function under s 34(3) of the LEC Act, so the appeal is upheld and development consent granted subject to conditions.

Jurisdiction
Australia
Judgment Date
08 August 2019
Procedural Posture
Appeal / Final Orders After Mandatory Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'variation of Development Standards' 'residential Building Height Controls' 'conciliation Process']
['planning and Environment Law'] ['development Application' 'variation of Development Standards' 'residential Building Height Controls' 'conciliation Process']

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Procedural Posture

Appeal / Final Orders After Mandatory Conciliation Conference

Legal Issues

  1. 1 ['Whether consent should be granted to development application DA155/18 for alterations and additions to an existing dwelling despite non-compliance with building height standard' 'Whether to grant variation of the building height development standard under clause 4.6 of North Sydney Local Environmental Plan 2013']

Ratio Decidendi

The variation to the height standard is justified as compliance is unreasonable and unnecessary due to site topography and compatible built form; sufficient environmental planning grounds are established under NSLEP 2013 clause 4.6, and granting consent does not adversely impact public interest or amenity. The parties' agreement is within the Court's function under s 34(3) of the LEC Act, so the appeal is upheld and development consent granted subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['Leave is granted to the Applicant to rely on the amended architectural plans and schedule of finishes set out in condition A1 of Annexure A.' "The Applicant's written request under clause 4.6 of the North Sydney Local Environmental Plan 2013 for non-compliance with the height of buildings development standard in...