Camuglia v North Sydney Council

Land and Environment Court

New South Wales

Medium Neutral Citation:

Camuglia v North Sydney Council [2021] NSWLEC 1588

Hearing dates:

16-17 September 2021

Date of orders:

11 October 2021

Decision date:

11 October 2021

Jurisdiction:

Class 1

Before:

Horton C

Decision:

The Court orders that:

(1) The appeal is upheld.

(2) Development Consent No. DA55/19 is modified in the terms in Annexure A.

(3) Development Consent No. DA55/19/2 as modified by the Court is Annexure B.

(4) All exhibits are returned, except for Exhibits A, B, F, H, J and 4.

Catchwords:

MODIFICATION APPLICATION – residential apartment development – residential flat building – whether condition should be deleted – assessment of view loss – vertical transportation systems – car lift

Legislation Cited:

Environmental Planning and Assessment Act 1979, s 4.55

Environmental Planning and Assessment Regulation 2000, cl 121B

Land and Environment Court Act 1979, ss 34, 39

North Sydney Local Environmental Plan 2013, cl 4.3

Cases Cited:

1643 Pittwater Road Pty Ltd v Pittwater Council [2004] NSWLEC 685

Camuglia v North Sydney Council [2020] NSWLEC 1406

Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298; [1999] NSWLEC 280

North Sydney Council v Michael Standley & Associates Pty Ltd (1998) 43 NSWLR 468; [1998] NSWSC 163

Scrap Realty Pty Ltd v Botany Bay City Council (2008) 166 LGERA 342; [2008] NSWLEC 333

Sydney City Council v Ilenace Pty Ltd [1984] 3 NSWLR 414

Tenacity Consulting Pty Ltd v Warringah Council [2004] NSWLEC 140

Texts Cited:

Australian Standard AS1735 – Lifts, escalators and moving walks

Australian Standard AS 2890.1-2004 – Parking Facilities

North Sydney Development Control Plan 2013

Category:

Principal judgment

Parties:

Yolenda Camuglia (Applicant)
North Sydney Council (Respondent)

Representation:

Counsel:
A Galasso SC (Applicant)
K Gerathy (Solicitor) (Respondent)

Solicitors:
Mills Oakley (Applicant)
HWL Ebsworth (Respondent)

File Number(s):

2020/356210

Publication restriction:

No

Judgment

1. COMMISSIONER: This is an appeal brought under s 4.55(8) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of modification application DA55/19/2 to modify development consent DA55/19 for the demolition of existing structures and construction of a new residential flat building containing three units, a new garage structure and associated works at No 5 Bay View Street, Lavender Bay (the site).

2. The appeal seeks to modify the conditions of consent previously granted by deleting Condition A2 that requires reduction in height of the roof ridge height, surrounding parapet for the street level garage/entry structures at Bay View Street level, comprising the car lift, visitor’s car space, and pedestrian entry lift and stairwell.

3. Condition A2 is in the following terms:

“The following design amendment must be made to the drawings referred to in condition A1:

The overall roof ridge height and surrounding parapet for the structures at Bay View Street level comprising the car lift, visitor’s car space roof over and pedestrian entry lift and stairwell are to be reduced in height by 630mm or not exceed a maximum RL of 22.00.

Plant structures on the roof…