BCMA Investments Pty Ltd as Trustee for BCMA Trust v North Sydney Council [2022] NSWLEC 1490

Land and Environment Court New South Wales

Medium Neutral Citation: BCMA Investments Pty Ltd as Trustee for BCMA Trust v North Sydney Council [2022] NSWLEC 1490 Hearing dates: Conciliation conference on 24 August 2022 Date of orders: 16 September 2022 Decision date: 16 September 2022 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's s 8.15(3) costs in the agreed amount of $5,000, payable within 28 days of the date of the orders. (2) The appeal is upheld. (3) Development Consent No. 238/19 is modified in the terms in Annexure A. (4) Modification application no 238/19/2 to modify development consent 238/19 seeking internal and external alterations to an approved boarding house at premises known as 21 Christie Street, Wollstonecraft, is approved, subject to the conditions of consent in Annexure B. Catchwords: DEVELOPMENT APPLICATION: modification application – boarding house development – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.56, 8.9 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 North Sydney Local Environmental Plan 2013 State Environmental Planning Policy (Affordable Rental Housing) 2009, cl 4.6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021, ss 68, 69, Sch 7A Cases Cited: SDHA Pty Ltd v Waverley Council (2015) 209 LGERA 233; [2015] NSWLEC 65 Category: Principal judgment Parties: BCMA Investments Pty Ltd as Trustee for BCMA Trust v North Sydney Council (Applicant) North Sydney Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) S Kondilios (Solicitor) (Respondent)