BCMA Investments Pty Ltd v North Sydney Council [2021] NSWLEC 1046

Land and Environment Court New South Wales

Medium Neutral Citation: BCMA Investments Pty Ltd v North Sydney Council [2021] NSWLEC 1046 Hearing dates: 21 December 2020 Date of orders: 27 January 2021 Decision date: 27 January 2021 Jurisdiction: Class 1 Before: O'Neill C Decision: The Orders of the Court are: (1) The appeal is upheld. (2) Development Application No. 238/19 for the demolition of all structures, removal and pruning of trees and construction of a four storey boarding house comprising 12 rooms and capable of accommodating a maximum of 17 lodgers including a manager, at 21 Christie Street, Wollstonecraft, is approved, subject to the conditions of consent at Annexure A. (3) The exhibits, other than exhibits 1, 2, A, B and F, are returned. Catchwords: DEVELOPMENT APPLICATION – boarding house – bulk, scale and setbacks – removal and pruning of trees Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 North Sydney Local Environmental Plan 2013 State Environmental Planning Policy (Affordable Rental Housing) 2009 Cases Cited: Galea v Marrickville Council [2005] NSWLEC 113 Texts Cited: North Sydney Development Control Plan 2013 Category: Principal judgment Parties: BCMA Investments Pty Ltd as Trustee for BCMA Trust (Applicant) North Sydney Council (Respondent) Representation: Counsel: T To (Applicant) S Kondilios (Solicitor) (Respondent)