Loyito Pty Ltd v North Sydney Council [2022] NSWLEC 1074

Land and Environment Court New South Wales

Medium Neutral Citation: Loyito Pty Ltd v North Sydney Council [2022] NSWLEC 1074 Hearing dates: Conciliation conference on 6 September 2021, 20 September 2021 and 9 February 2022 Date of orders: 15 February 2022 Decision date: 15 February 2022 Jurisdiction: Class 1 Before: Walsh C Decision: The Orders of the Court are: 1) The Applicant is to pay the respondents costs thrown away in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the agreed amount of $1.00. 2) The appeal is upheld. 3) The request pursuant to clause 4.6 of the North Sydney Local Environmental Plan to vary the development standard for Height of Buildings contained in clause 4.3 thereof, as prepared by Andrew Darroch, Planner, dated October 2021 is upheld. 4) Development consent is granted to Development Application No. 337/20, as amended, for the demolition of the existing residential flat building and construction of a new residential flat building with basement parking at 20-24 Bray Street, North Sydney, with associated earthworks and landscaping, and alterations and additions to the single dwelling at 35 Kurraba Road Neutral Bay, NSW 2089 subject to the conditions set out in Annexure 'A' to this agreement. Catchwords: DEVELOPMENT APPLICATION –– conciliation conference –– agreement of the parties –– orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.15, 8.7 Environmental Planning and Assessment Regulation 2000, cll 50, 92, 93 Land and Environment Court Act 1979, s 34 North Sydney Local Environmental Plan 2013, cll 1.8A, 2.3, 4.3, 4.6, 5.10, 5.21, 6.10 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cll 28, 30 Cases Cited: Tenacity Consulting v Warringah Council (2004) 134 LGERA 23; [2004] NSWLEC 140. Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Wingecarribee Shire Council v De Angelis [2016] NSWCA 189 Texts Cited: Apartment Design Guide North Sydney Development Control Plan 2013 Category: Principal judgment Parties: Loyito Pty Ltd (Applicant) North Sydney Council (Respondent) Representation: Counsel: J Koprivnjak (Solicitor) (Applicant) T To (Respondent)