Tasktea Pty Ltd v North Sydney Council [2020] NSWLEC 1366

Land and Environment Court New South Wales

Medium Neutral Citation: Tasktea Pty Ltd v North Sydney Council [2020] NSWLEC 1366 Hearing dates: Conciliation conference held on 20 July 2020 Date of orders: 17 August 2020 Decision date: 17 August 2020 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (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. 32/19 for alterations and additions to an existing commercial building resulting in an 11 level shop top housing development plus roof level communal facilities and parking at basement, ground, and first floor levels at 55-61 Chandos Street, St Leonards, is approved, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – shop top housing development – exceedance of the height of buildings development standard 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 Category: Principal judgment Parties: Tasktea Pty Ltd (Applicant) North Sydney Council (Respondent) Representation: Counsel: H Irish (Applicant) A Pickles (Respondent)