NSWNSWLEC
Edward Listin Properties Pty Ltd v North Sydney Council
[2000] NSWLEC 181
Land and Environment Court (NSW)|1999-12-10|Before: Talbot J
View original sourceAt a glance
Source factsCourt
Land and Environment Court (NSW)
Decision date
1999-12-10
Before
Talbot J
Source
Original judgment source is linked above.
Judgment (17 paragraphs)
[1]
- The applicant submits that although not strictly complying with the particular objectives of the Residential A2 Zone in the draft LEP, the development is generally consistent with the multiple styles of buildings existing within the immediate area. Further, the objective to retain existing houses implies that demolition should be allowed only if the proposed lot size and character of the new buildings is appropriate in the context of the adjoining development.
[2]
- The respondent recognises that the existing locality is characterised by predominantly single, one or two storey dwellings with the exception of a townhouse development opposite, two or three two storey residential buildings in the locality and some single storey semi-detached dwellings. However, Mr Czeref makes the distinction that the exceptional developments are situated on substantially larger allotments with greater separation between them and without pedestrian access to the rear. He asserts that the visual perception of the development is more akin to a group/row of two storey semi-detached developments with large front courtyards, generally inconsistent with the dominant character of this part of North Sydney.
[3]