Meehan v North Sydney Council

Land and Environment Court

of New South Wales

CITATION:

Meehan v North Sydney Council [2007] NSWLEC 860

PARTIES:

APPLICANT
Mary Margaret Meehan

RESPONDENT
North Sydney Council

FILE NUMBER(S):

10945 of 2004

CORAM:

Murrell C

KEY ISSUES:

Section 96 Modification :- Soft landscaping area

LEGISLATION CITED:

Environmental Planning and Assessment Act 1979
North Sydney Local Environmental Plan

DATES OF HEARING:

30/10/2007 and 2/11/2007

EX TEMPORE JUDGMENT DATE:

12 November 2007

LEGAL REPRESENTATIVES:

APPLICANT
Mr Kildea, barrister
instructed by: Ms T. Hunt
of Shaw Reynolds Bowen & Gerathy

RESPONDENT
Ms S. Puckeridge, solicitor
of Mallesons Stephen Jaques

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

MURRELL C

12 November 2007

10945 of 2004 Mary Margaret Meehan V North Sydney Council

This determination was given extemporaneously and for the
sake of clarity has been edited prior to publication

JUDGMENT

1 This is an appeal under s 96(6) of the Environmental Planning and Assessment Act against North Sydney Council’s determination of an application for modification. By way of background the Court previously in an earlier appeal considered a development application for the subject property and granted approval to alterations and additions to the heritage item. This approval by the Court was 25 November 2005.

2 The subject site is 40 Kirribilli Avenue, Kirribilli on the north-eastern corner with Broughton Street.

3 The Court notes that the Council has previously approved other modifications to the consent as originally approved by the Court and the schedule of amendments to the plans currently before the Court shows:

• 19 January 06, a s 96 modification for a new wall to the west boundary added, entry gate moved, a number of roof lights added to the kitchen, laundry layout revised, door to bedroom two moved, door to bathroom changed to sliding door; and
• Version P of the plans of 31 March 2006, a s 96 modification, kitchen and courtyard floor levels retained, number of stairs modified to suit, ground level retained off front veranda, brick wall retained along southern boundary with new brick wall return around south-western corner, position of gate to rear fence modified, tree removed outside kitchen window, laundry layout revised, door to WC moved, wall to dining room bricked in.
• Version Q. 15 January 2007, new garden shed added, extend paving from veranda, air conditioning plant added.

4 The version Q application before the Court has the effect of reducing the soft landscaped area.

5 In my determination of the above application I have had regard to all the evidence. These proceedings commenced as an on-site hearing and as such the Court also then had the benefit of further material being provided in terms of the calculation for landscaped area. The applicant prior to the scheduled judgment last week sought for the matter to be adjourned to allow for a recalculation by a surveyor of the landscaped area, and the adjournment was granted.

6 Mr Shiels provided a Statement in Reply to Contentions, which also serves as a Statement of Evidence on behalf of…