LDC Opco Holding Company Pty Limited v North Sydney Council [2020] NSWLEC 1352

Land and Environment Court New South Wales

Medium Neutral Citation: LDC Opco Holding Company Pty Limited v North Sydney Council [2020] NSWLEC 1352 Hearing dates: 2-3 July 2020 and 18 August 2020 Date of orders: 25 August 2020 Decision date: 10 August 2020 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) The application to modify Development Consent No. 92/05 is approved, subject to the wording of Condition A2 that is now modified to read: "This consent shall cease to be in force on the expiration of 15 years after the date that the orders made by the Land and Environment Court in proceedings no. 2020/71383 take effect, being 26 August 2020. Should the owner of the site wish to extend this period, an application shall be lodged with Council prior to the cessation of the current consent. This requirement shall be included in any further lease arrangement for the new signage lot. (Reason: To regulate any changes to illumination and protect the amenity of the surrounding area and the visual qualities of the harbour)." (3) All Exhibits are returned, except for Exhibits B and 5. Catchwords: MODIFICATION APPLICATION – whether the application is substantially the same – State Environmental Planning Policy No 64 – Advertising and Signage – consistency with the character of the local area Legislation Cited: Civil Procedures Act 2005 Environmental Planning and Assessment Act 1979 North Sydney Local Environmental Plan 2013 Standard Instrument – Principal Local Environmental Plan State Environmental Planning Policy No 64 – Advertising and Signage Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Cases Cited: 1643 Pittwater Road Pty Ltd v Pittwater Council 11 Elvina Avenue Pty Ltd v Pittwater Council Doering v Pittwater Council 1643 Pittwater Road Pty Ltd v Pittwater Council [2004] NSWLEC 685 Arrage v Inner West Council [2019] NSWLEC 85 Benmill Pty Ltd v North Sydney Council (No 2) [2020] NSWLEC 44 Texts Cited: North Sydney Development Control Plan 2013 Category: Principal judgment Parties: LDC Opco Holding Company Pty Limited (Applicant) North Sydney Council (Respondent) Representation: Counsel: I Hemmings SC and A Hemmings (Applicant) T To, and C Drury on 20 August 2020 (Solicitor) (Respondent)