Modog Pty Limited v North Sydney Council [2017] NSWLEC 1476

Modog Pty Limited v North Sydney Council [2017] NSWLEC 1476

The height of the proposed seven-storey building is excessive and inconsistent with the locality and the setting of the neighbouring heritage item; the deletion of Level 6 and containment within the existing building's height are required to make the development acceptable considering existing use rights and other planning criteria.

Parties
Applicant: Modog Pty Limited; Respondent: North Sydney Council
Jurisdiction
Australia
Judgment Date
05 September 2017
Procedural Posture
Appeal Against Deemed Refusal of Development Application / Post Hearing, Directions Issued Prior to Final Orders
Outcome
Application allowed in part; directions given for amendment to proposal before final orders
Legal Topics
Development Application, Existing Use Rights, Building Envelope Appropriateness, Heritage Impact, Neighbour Amenity, Tree Removal
Planning and Environment Law Development Application Existing Use Rights Building Envelope Appropriateness Heritage Impact Neighbour Amenity Tree Removal

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Parties

Modog Pty Limited

Applicant

North Sydney Council

Respondent

Procedural Posture

Appeal Against Deemed Refusal of Development Application / Post Hearing, Directions Issued Prior to Final Orders

Legal Issues

  1. 1 Whether the proposed residential flat building is appropriate having regard to height, bulk, and scale in the R2 Low Density zone
  2. 2 Whether the proposal unacceptably impacts adjoining heritage item at 5 The Boulevarde
  3. 3 Whether the proposal results in unacceptable loss of views or amenity for neighbours

Ratio Decidendi

The height of the proposed seven-storey building is excessive and inconsistent with the locality and the setting of the neighbouring heritage item; the deletion of Level 6 and containment within the existing building's height are required to make the development acceptable considering existing use rights and other planning criteria.

Court Disposition

Application allowed in part; directions given for amendment to proposal before final orders

Orders

  • Applicant to amend proposal by deleting Level 6 and replacing with Level 7 penthouse, overall ridge to RL 65.55
  • Amendments to landscaping, tree protection, and plan revision noted