Churcher v North Sydney Council (No 2)

[2025] NSWLEC 1637

Land and Environment Court

New South Wales

Medium Neutral Citation:

Churcher v North Sydney Council (No 2) [2025] NSWLEC 1637

Hearing dates:

7, 8 and 10 April 2025. Submissions received 17 and 22 April 2025

Date of orders:

04 September 2025

Decision date:

04 September 2025

Jurisdiction:

Class 1

Before:

Porter C

Decision:

The Court orders that:

(1) The appeal is upheld.

(2) Development application number 81/22, as amended, for the alterations and additions to an existing detached dwelling at 47 Kareela Road, Cremorne Point is determined by the grant of development consent subject to the conditions at Annexure A.

(3) All exhibits are returned except A, B, 1 and 2.

Catchwords:

DEVELOPMENT APPEAL – alterations and additions – agreed conditions

Cases Cited:

Churcher v North Sydney Council [2025] NSWLEC 1483

Category:

Principal judgment

Parties:

Ione Churcher (Applicant)
North Sydney Council (Respondent)

Representation:

Counsel:
P Tomasetti SC (Applicant)
H Grace (Respondent)

Solicitors:
DG Briggs and Associates (Applicant)
Hall & Wilcox (Respondent)

File Number(s):

2024/380212

Publication restriction:

Nil

JUDGMENT

1. COMMISSIONER: This appeal relates to a Class 1 appeal for a development application seeking development consent for alterations and additions to a dwelling house and a garage with associated structures.

2. On 8 July 2025, the reasons of my judgment were delivered for the partial grant of consent in Churcher v North Sydney Council [2025] NSWLEC 1483. I directed the parties to provide agreed conditions of consent in accordance with my findings for the alterations and additions, and excluding the proposed garage and its associated structures.

3. The Court granted an extension to the provision of the conditions. On 29 August 2025, the parties helpfully submitted agreed conditions of consent. I have considered the conditions of consent and am satisfied that they are consistent with the findings and are within power.

4. The Court orders that:

1. The appeal is upheld.

2. Development application number 81/22, as amended, for the alterations and additions to an existing detached dwelling at 47 Kareela Road, Cremorne Point is determined by the grant of development consent subject to the conditions at Annexure A.

3. All exhibits are returned except A, B, 1 and 2.

S Porter

Commissioner of the Court

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Annexure A (422 KB, pdf)

Decision last updated: 04 September 2025