Sutton v North Sydney Council [2022] NSWLEC 1499

Land and Environment Court New South Wales

Medium Neutral Citation: Sutton v North Sydney Council [2022] NSWLEC 1499 Hearing dates: Conciliation conference on 8 September 2022 Date of orders: 21 September 2022 Decision date: 21 September 2022 Jurisdiction: Class 1 Before: McEwen AC Decision: The Court orders: (1) The applicants' written request pursuant to cl 4.6 North Sydney Local Environmental Plan 2013 (LEP 2013) seeking a variation to the development standard for height set out in cl 4.3(2) of LEP 2013 is upheld. (2) The appeal is upheld. (3) Development application DA 459/21 for construction of a three-storey dual occupancy development, including a basement parking level for four cars and landscaping and Strata subdivision at 60 Kareela Road Cremorne Point also known as Lot D in DP 409327 is determined by grant of consent subject to the conditions in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – construction of three storey dual occupancy (attached), basement parking, landscaping and subdivision – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.15, 4.16, 8.7, 8.10 Environmental Planning & Assessment Regulation 2000 cl, 55, 75 Land and Environment Court Act 1979 s 34, 34AA North Sydney Local Environmental Plan 2013 cll 4.3, 4.6, 5.10, 6.6, 6.10, 6.13 State Environment Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Building Sustainability Index BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 Cases Cited: Baron Corporation Pty Limited v Council of the City of Sydney (2019) 243 LGERA 338; [2019] NSWLEC 61 Initial Action Pty Limited v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Rebel MH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Texts Cited: North Sydney Development Control Plan 2013 Category: Principal judgment Parties: Andrew Sutton (First Applicant) David Elliot (Second Applicant) Hugh Elliot (Third Applicant) James Elliot (Fourth Applicant) North Sydney Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicants) K Law (Solicitor) (Respondent)