TWT Development Pty Ltd v North Sydney Council [2020] NSWLEC 1353

Land and Environment Court New South Wales

Medium Neutral Citation: TWT Development Pty Ltd v North Sydney Council [2020] NSWLEC 1353 Hearing dates: Conciliation conference on 21 July 2020 Date of orders: 11 August 2020 Decision date: 11 August 2020 Jurisdiction: Class 1 Before: O'Neill C Decision: The Court orders: (1) The Applicant is granted leave to amend the application to rely on the amended plans listed in Condition A1 of the conditions of consent at Annexure A. (2) The appeal is upheld. (3) Development Application No. 30/19 relating to the demolition of an existing building and construction of a mixed use development containing 18 units, ground floor and basement level non-residential floor space and basement parking for 7 cars on land at 67-69 Chandos St, St Leonards, is approved, subject to the conditions of consent at Annexure A. (4) The Applicant is granted leave to rely on the updated clause 4.6 written request prepared by BBF Planners dated 21 July 2020. (5) In relation to the amendment for which leave is granted by Order (1) and (4) above, the Applicant shall pay the Respondent's costs as agreed or assessed pursuant to section 8.15 of the Environmental Planning and Assessment Act 1979 (NSW). Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 North Sydney Local Environmental Plan 2013 Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: North Sydney Development Control Plan 2013 Category: Principal judgment Parties: TWT Development Pty Ltd (Applicant) North Sydney Council (Respondent) Representation: Counsel: H Irish (Applicant) A Pickles SC (Respondent)