Brazete Investments Pty Ltd v North Sydney Council [2020] NSWLEC 1544

Land and Environment Court New South Wales

Medium Neutral Citation: Brazete Investments Pty Ltd v North Sydney Council [2020] NSWLEC 1544 Hearing dates: 19-20 October 2020 Date of orders: 10 November 2020 and amended on 3 December 2020 Decision date: 10 November 2020 Jurisdiction: Class 1 Before: O'Neill C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application No. 103/19 for alterations and additions to an existing residential flat building at 3 Parker Street, McMahons Point, is approved, subject to the conditions of consent at Annexure A. (3) The exhibits, other than Exhibits 1, A and B, are returned. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to a residential flat building – draft heritage item – heritage conservation area Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 North Sydney Local Environmental Plan 2013 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Cases Cited: Terrace Towers Holdings Pty Limited v Sutherland Shire Council (2003) 129 LGERA 195; [2003] NSWCA 289 Texts Cited: Apartment Design Guide North Sydney Development Control Plan 2013 Category: Principal judgment Parties: Brazete Investments Pty Ltd (Applicant) North Sydney Council (Respondent) Representation: Counsel: M Staunton (Applicant) S Kondilios (Solicitor) (Respondent)