Churcher v North Sydney Council (No 2)

Case [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)

Details
AGLC
Churcher v North Sydney Council (No 2) [2025] NSWLEC 1637
Case
[2025] NSWLEC 1637
Decision Date

CaseChat Overview and Summary

Churcher v North Sydney Council (No 2) involved a dispute between the respondent, Mr Churcher, and the appellant, North Sydney Council. The matter pertained to a development application that Mr Churcher had submitted for alterations and additions to his existing detached dwelling located at 47 Kareela Road, Cremorne Point. The Council had initially refused the application, which was subsequently appealed to the Land and Environment Court. The Court was tasked with determining whether the Council's decision was legally sound, and if not, what remedy should be applied.

The primary legal issue before the Court was whether the Council's refusal of the development application was appropriate and lawful. This required the Court to consider the relevant planning legislation and policies, as well as the evidence presented by both parties. The Court also needed to assess whether the development would be in accordance with the local planning scheme and whether it complied with relevant standards and requirements. Furthermore, the Court had to evaluate whether the decision was made in a procedurally fair manner and if the reasons provided were adequate and justifiable.

In its decision, the Court found that the Council's refusal of the development application was not supported by sufficient evidence and that the decision-making process was flawed. The Court held that the applicant had demonstrated a need for the proposed alterations and additions, which were consistent with the surrounding area and did not negatively impact the character or amenity of the neighbourhood. The Court also found that the reasons provided by the Council were insufficient to justify the refusal. Consequently, the Court determined that the appeal should be upheld, and the development application should be granted subject to certain conditions. These conditions were intended to ensure that the development would be carried out in a manner that was consistent with the local planning scheme and would not adversely affect the neighbourhood.

Orders

Orders of the court

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.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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