Clusterduck Pty Ltd as Trustee for the Empty Biscuit Tin Unit Trust (ACN 629 244 560) v North Sydney Council [2021] NSWLEC 1718

Land and Environment Court New South Wales

Medium Neutral Citation: Clusterduck Pty Ltd as Trustee for the Empty Biscuit Tin Unit Trust (ACN 629 244 560) v North Sydney Council [2021] NSWLEC 1718 Hearing dates: Conciliation conference on 19 November 2021 Date of orders: 24 November 2021 Decision date: 24 November 2021 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The Applicant is to pay the Respondents costs thrown away as a result of the amendments of the application for development consent under section 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. (2) The written request made pursuant to cl 4.6 of North Sydney Local Environmental Plan 2013 to justify the contravention of the height of buildings development standard contained in cl 4.3 of NSLEP prepared by BBC Consulting Planners and dated October 2021 is upheld. (3) The appeal is upheld. (4) Development application DA-111/21 for demolition of existing structures and construction of a boarding house comprising of 31 rooms at 233 – 237 Military Road, Cremorne is approved subject to the conditions at annexure "A". Catchwords: APPEAL – development appeal – boarding house – conciliation conference – agreement reached – breach of height development standard – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.7, 4.15, 4.16 Environmental Planning and Assessment Regulation 2000, cl 55, Sch 1 Land and Environment Court Act 1979, s 34 North Sydney Local Environmental Plan 2013, cll 4.3, 4.6 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 29, 30, 30A State Environmental Planning Policy (Infrastructure) 2007, cll 101, 102 State Environmental Planning Policy No 55—Remediation of Land, cl 7 Texts Cited: Draft State Environmental Planning Policy (Housing) 2021 North Sydney Development Control Plan 2013 Category: Principal judgment Parties: Clusterduck Pty Ltd as Trustee for the Empty Biscuit Tin Unit Trust (ACN 629 244 560) (Applicant) North Sydney Council (Respondent) Representation: Counsel: A Knox (Solicitor) (Applicant) J Corradini-Bird (Solicitor) (Respondent)