Helm No.18 Pty Ltd v North Sydney Council [2022] NSWLEC 1566

Land and Environment Court New South Wales

Medium Neutral Citation: Helm No.18 Pty Ltd v North Sydney Council [2022] NSWLEC 1566 Hearing dates: Conciliation conference held 27 September 2022, final agreement filed 28 September 2022 Date of orders: 18 October 2022 Decision date: 18 October 2022 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA239/21 so as to not include demolition. (2) The Applicant's written request, pursuant to cl 4.6 of the North Sydney Local Environmental Plan 2013 (NSLEP), seeking to vary the development standard for height of buildings as set out at cl 4.3 of the NSLEP, is upheld. (3) The appeal is upheld. (4) Consent is granted to Development Application DA239/21 (as amended) for the excavation (not including demolition) and construction of a part four- part five-storey mixed use development with basement parking, and stratum subdivision at 131-139 Holt Avenue, Cremorne subject to the conditions contained at Annexure A. Catchwords: DEVELOPMENT APPLICATION – mixed use development – cl 4.6 written request – height of buildings – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cll 50, 55 Land and Environment Court Act 1979, s 34 North Sydney Local Environmental Plan 2013, cll 4.3, 4.4A, 4.6, 5.10, 5.21, 6.10, 6.12, 6.12A State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, cl 2.120 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Cases Cited: Helm No. 18 Pty Ltd v North Sydney Council [2022] NSWLEC 1406 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (February 2022) Category: Principal judgment Parties: Helm No.18 Pty Ltd (Applicant) North Sydney Council (Respondent) Representation: Counsel: A Whealy (Solicitor) (Applicant) P Hudson (Solicitor) (Respondent)