Myrtle 29 Pty Limited v North Sydney Council [2022] NSWLEC 1037

Land and Environment Court New South Wales

Medium Neutral Citation: Myrtle 29 Pty Limited v North Sydney Council [2022] NSWLEC 1037 Hearing dates: 16 December 2021 Date of orders: 6 January 2022 Decision date: 06 January 2022 Jurisdiction: Class 1 Before: Morris AC Decision: The Orders of the Court are: (1) The appeal is upheld. (2) Development Application No. 200/21 for the change of use of 6 existing business tenancies (known as G01 to G06) to motel accommodation at No 13 Eden Street, North Sydney, is approved subject to the conditions in Annexure A. (3) The exhibits, other than exhibits A and 2, are returned. Catchwords: DEVELOPMENT APPLICATION – motel – amenity impacts – plan of management Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 North Sydney Local Environmental Plan 2013, cl 2.3 Texts Cited: Building Code of Australia North Sydney Development Control Plan 2013 Category: Principal judgment Parties: Myrtle 29 Pty Limited (Applicant) North Sydney Council (Respondent) Representation: Counsel: Ms J Reid (Applicant)

Solicitors: Mr A Seton Marsdens (Respondent) File Number(s): 2021/255383 Publication restriction: No

Judgment 1. COMMISSIONER: Development Application No. 200/21 was lodged with North Sydney Council on 2 July 2021 and seeks consent for the change of use of 6 existing business tenancies (known as G01 to G06) located on the ground floor of an existing mixed use building to motel accommodation. 2. The Council had not determined the application within the prescribed period and the applicant is appealing its deemed refusal pursuant to the provisions of s 8.7 of the Environmental Planning and Assessment Act 1979 (EP&A Act). 3. Following completion of the joint reporting process and consideration of the conclusions reached, the Council advised that it did not oppose approval of the application subject to the agreed conditions of consent and will not contest or oppose the application.