Pafburn v North Sydney Council (No2) [2005] NSWLEC 584

Pafburn v North Sydney Council (No2) [2005] NSWLEC 584

The only impediment identified in the earlier judgment was shadow cast by the non-complying parts of the proposal on two apartments. The amended proposal removed that additional shadow, the parties agreed it complied with the earlier findings and agreed conditions of consent, so there was no impediment to approval and the appeal was upheld.

Jurisdiction
Australia
Judgment Date
14 October 2005
Procedural Posture
Development Application Appeal / Appeal Against Deemed Refusal; Judgment Granting Consent After Amended Proposal
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'deemed Refusal' 'residential Flat Building' 'sepp 1 Objection' 'height Standard' 'shadow Impacts' 'conditions of Consent']
['environmental and Planning Law'] ['development Application' 'deemed Refusal' 'residential Flat Building' 'sepp 1 Objection' 'height Standard' 'shadow Impacts' 'conditions of Consent']

Case Brief

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Procedural Posture

Development Application Appeal / Appeal Against Deemed Refusal; Judgment Granting Consent After Amended Proposal

Legal Issues

  1. 1 ['Whether the amended development application to demolish the existing house and erect a residential flat building containing 19 apartments should be approved.' 'Whether the SEPP 1 objection to the height standard in cl 17 of Local Environmental Plan 2001 remained an impediment to approval after amendment of the proposal.']

Ratio Decidendi

The only impediment identified in the earlier judgment was shadow cast by the non-complying parts of the proposal on two apartments. The amended proposal removed that additional shadow, the parties agreed it complied with the earlier findings and agreed conditions of consent, so there was no impediment to approval and the appeal was upheld.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development application to demolish the existing house and erect a residential flat building containing 19 apartments on lot B DP370405, known as 197 Walker Street, North Sydney is determined by the granting of consent subject to the conditions in Annexure A.' 'The exhibits are returned,...