Stannards Marine Pty Ltd v North Sydney Council (No 2) [2022] NSWLEC 112

Land and Environment Court New South Wales

Medium Neutral Citation: Stannards Marine Pty Ltd v North Sydney Council (No 2) [2022] NSWLEC 112 Hearing dates: On the papers Date of orders: 05 September 2022 Decision date: 05 September 2022 Jurisdiction: Class 1 Before: Preston CJ Decision: The Court orders: (1) The appeal in proceedings 2022/36839 is upheld. (2) Development application No 456/21 for the installation and use of a Relocatable Shed and an Air Quality Pollution Control System at 6 John Street, McMahons Point is determined by the grant of development consent subject to the conditions in Annexure A. (3) The exhibits other than exhibits D, G and N (containing the approved drawings and documentation referred to in condition A1), are returned to the party who tendered them. Catchwords: APPEAL – development application – relocatable shed – air quality pollution control system – conditions of consent Cases Cited: Stannards Marine Pty Ltd v North Sydney Council [2022] NSWLEC 99 Category: Principal judgment Parties: Stannards Marine Pty Ltd (Applicant) North Sydney Council (Respondent) Friends of Sydney Harbour (Objector 1) The Owners of Strata Plan 63626 (Objector 2) Dr Ronald Blombery (Objector 3) The Owners of Strata Plan 48674 (Objector 4) The Owners of Strata Plan 48675 (Objector 5) Waverton Public Lands and Waters Protection Association Inc (Objector 6) Mr Michael Stevens (Objector 7) Representation: Counsel: Mr A Galasso SC with Ms J Reid (Applicant) Mr T To (Respondent) Ms L Sims (Objectors 2, 3, 4, 5, 7) Mr J Molyneux (agent) (Objector 1) Mr B Donald (agent) (Objector 6)