Sandstrom v North Sydney Council [2026] NSWLEC 1375
Before: Horton C · NSW Land and Environment Court
Summary
This appeal is brought under s 8.9 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) following approval by North Sydney Council for modification application No. 136/2023/2 that seeks to modify development application No. DA 136/23 for which consent was granted on 23 April 2024 for proposed alterations and additions to the existing dwelling including the addition of a deck, solar panels, a spa, and an extension of the master bedroom at 1 Bromley Avenue, Cremorne, subject to co
Catchwords
DEVELOPMENT APPLICATION: modification application – dwelling house development in R2 Low Density Residential zone – conciliation conference – agreement between the parties – orders
Outcome
The Court orders that: (1) The appeal is upheld. (2) Development consent DA No. 136/2023/2 is modified in the terms in Annexure A. (3) Development consent DA No. 136/2023/2 as modified by the Court is Annexure B.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.55, 8.9 Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2021 (NSW), s 113 North Sydney Local Environmental Plan 2013, cl 5.10 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Pt 6.2, s 6.28 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 2, Pt 6.3
Read the full judgment
Authoritative text on NSW Caselaw · ~7k words
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