Dreric Pty Limited v North Sydney Council [2022] NSWLEC 1005

Land and Environment Court New South Wales

Medium Neutral Citation: Dreric Pty Limited v North Sydney Council [2022] NSWLEC 1005 Hearing dates: Conciliation conference on 27 October 2021 Date of orders: 6 January 2022 Decision date: 06 January 2022 Jurisdiction: Class 1 Before: Bradbury AC Decision: The Court orders that: (1) The Order made on 24 September 2021 that "the applicant is to pay the respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 as a result of the amendment to the development application as agreed or assessed" is vacated. (2) The applicant is to pay the respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 as a result of the amendment to the development application as agreed or assessed. (3) The Appeal is upheld. (4) The heritage management document "Heritage Conservation Strategy" prepared by Colin Israel dated 15 October 2021 is approved, subject to the conditions of consent in Annexure A. (5) Development Application No. DA8/21 for alterations and additions to the existing heritage item and use of the premises as a dwelling house in conjunction with the approved medical consulting rooms at 101 Blues Point Road, McMahons Point is approved subject to the conditions in Annexure A. Catchwords: APPEAL – development application – alterations to approved health consulting rooms and existing dwelling – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.10, 8.15 Environmental Planning and Assessment Regulation 2000, cll 49 and 55 Land and Environment Court Act 1979, s 34 North Sydney Local Environmental Plan 2013 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 55—Remediation of Land, cl 7 Sydney Regional Environmental Planning (Sydney Harbour Catchment) 2005 Category: Principal judgment Parties: Dreric Pty Limited (Applicant) North Sydney Council (Respondent) Representation: Counsel: M Staunton (Applicant) P Hudson (Solicitor) (Respondent)