Pafburn v North Sydney Council (No2)

[2005] NSWLEC 584

Land and Environment Court

of New South Wales

CITATION:

Pafburn v North Sydney Council (No2) [2005] NSWLEC 584

PARTIES:

Applicant:
Pafburn Pty Ltd

Respondent:
North Sydney Council

FILE NUMBER(S):

11071 of 2004

CORAM:

Roseth SC

KEY ISSUES:

Development Application :-

DATES OF HEARING:

09/08/2005, 10/08/2005 and 13/10/2005

 
DATE OF JUDGMENT: 

10/14/2005

LEGAL REPRESENTATIVES:

Applicant:
Mr P Tomasetti, barrister instructed by Mr D Tudehope of O'Hara Co

Respondent:
Ms H irish, barrister instructed by Ms M Tregoning of Mallesons Stephen Jaques

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Roseth SC

14 October 2005

11071 of 2004 Pafburn Pty Ltd v North Sydney Council (2)

JUDGMENT

1 Senior Commissioner: This is an appeal against the deemed refusal by North Sydney Council (the council) of a development application to demolish the existing house and erect a residential flat building containing 19 apartments on lot B DP370405, known as 197 Walker Street, North Sydney.

2 Following the hearing of this matter on 9 and 10 August 2005, the Court handed down its findings in a judgment on 16 August 2005. The Court found that the SEPP 1 Objection to the height standard in cl 17 of Local Environmental Plan 2001 was not well founded because the non-complying parts of the proposal cast a shadow on two apartments on the north side of No 191-195 Walker Street. The Court found that this was the only issue in the way of approval and that it was a relatively easy matter to fix.

3 Following the above finding the applicant amended the proposal. The non-complying parts of the proposal do not now cast any additional shadow. The parties agree that the application complies with the findings of the August 2005 judgment. In addition, the parties have agreed on the conditions of consent. There is therefore no impediment to the application’s approval. The appeal is therefore upheld.

Orders

1. The appeal is upheld.

2. Development application to demolish the existing house and erect a residential flat building containing 19 apartments on lot B DP370405, known as 197 Walker Street, North Sydney is determined by the granting of consent subject to the conditions in Annexure A.

3. The exhibits are returned, except Exhibits 17, J and K.

____________________
Dr John Roseth
Senior Commissioner