Arco Iris Trading Pty Ltd v North Sydney Council

Land and Environment Court New South Wales Medium Neutral Citation: Arco Iris Trading Pty Ltd v North Sydney Council [2015] NSWLEC 1113 Hearing dates:25 March 2015Date of orders: 31 March 2015 Decision date: 25 March 2015 Jurisdiction:Class 1Before: Moore SC Decision: See (43) Catchwords: DEVELOPMENT APPLICATION: shop top housing; meaning of “ground level”; meaning of “above”; meaning of “footpath level” Legislation Cited: North Sydney Local Environmental Plan 2013 Cases Cited: Abret Pty Ltd v Wingecarribee Shire Council [2011] NSWCA 107 Blackmore Design Group Pty Ltd v Manly Council [2014] NSWLEC 164 Chamwell Pty Ltd v Strathfield Council [2007] NSWLEC 114 Hrsto v Canterbury City Council (No 2) [2014] NSWLEC 121 Category:Principal judgmentParties: Arco Iris Trading Pty Ltd (Applicant) North Sydney Council (Respondent) Representation: Counsel: Mr P Clay SC (Applicant) Mr C Drury, solicitor (Respondent) Solicitors: McKees Legal Solutions (Applicant) Sparke Helmore (Respondent) File Number(s):11072 of 2014Judgment SENIOR COMMISSIONER: 134 Military Road, Neutral Bay, slopes from Military Road to the north to Grosvenor Lane at its rear. The site is developed across its entirety. At the Military Road frontage, there is a foyer at the western side of the street frontage of the building and a set of retail premises occupied, at least at the present time, by a tailoring business to the east of the foyer. Unit 3, which is the subject of this application seeking development consent to be converted from a commercial use to a residential use, is accessed via the foyer. Exhibit 4, attachment 2, reproduces, amongst...