Camuglia v North Sydney Council

Land and Environment Court

New South Wales

Medium Neutral Citation:

Camuglia v North Sydney Council [2020] NSWLEC 1406

Hearing dates:

Conciliation conference on 28 August 2020

Date of orders:

03 September 2020

Decision date:

03 September 2020

Jurisdiction:

Class 1

Before:

Bish C

Decision:

See orders at [29]

Catchwords:

DEVELOPMENT APPLICATION – residential flat building – amenity – view loss – height standard non-compliance – cl 4.6 written variation request – conciliation conference – agreement between the parties – orders

Legislation Cited:

Environmental Planning and Assessment Act 1979

Environmental Planning and Assessment Regulation 2000

Land and Environment Court Act 1979

North Sydney Local Environmental Plan 2013

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development

Texts Cited:

Apartment Design Guide

North Sydney Development Control Plan 2013

Category:

Principal judgment

Parties:

Yolanda Camuglia (Applicant)
North Sydney Council (Respondent)

Representation:

Counsel:
N Sandstrom (Solicitor) (Applicant)
K Gerathy (Solicitor) (Respondent)

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

File Number(s):

19/268493

Publication restriction:

No

Judgment

1. COMMISSIONER: This is an appeal against the deemed refusal of Development Application (DA) 55/19 by North Sydney Council (hereafter the Council), which as amended, seeks the demolition of existing structures, and construction of a six storey residential flat building for five apartments with car stacker, works to an existing seawall and pool, landscaping and stormwater works on Lot 2 DP 167089, also known as 5 Bay View Street, Lavender Bay (hereafter the site).

2. This Class 1 appeal is made under s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act).

3. The Court agreed to a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on 28 August 2020. I presided over the conciliation conference. There were no objectors whom raised issue during notification or spoke at this conciliation. However, the Court acknowledges that a number of residents spoke at a previous conciliation of this appeal, in response to objections made during the notification period.

4. Prior to this conciliation conference, and following expert discussion, the applicant amended the supporting plans and documents to the DA, which includes the cl 4.6 written request seeking variation of the height development standard, to be relied upon in the granting of consent to the DA under appeal. Leave is granted by the Court, unopposed by the respondent, to amend the DA under appeal.

5. Based on these amended plans, together with the DA’s supporting documents and agreed conditions of consent, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. The parties agree that the issues previously raised by the objectors have been considered and resolved. The decision of the parties is to uphold the appeal and grant consent to DA 55/19 with conditions.

6. Pursuant to s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' decision, if…