Aidop No.3 Pty Ltd ATF Aidop No.3 Unit Trust v North Sydney Council [2022] NSWLEC 1662

Land and Environment Court New South Wales

Medium Neutral Citation: Aidop No.3 Pty Ltd ATF Aidop No.3 Unit Trust v North Sydney Council [2022] NSWLEC 1662 Hearing dates: 13 and 18 October, 2, 11 and 24 November 2022 Date of orders: 30 November 2022 Decision date: 30 November 2022 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away by the amendment of the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (2) The Applicant's amended written request under clause 4.6 of the North Sydney Local Environmental Plan 2013 (NSLEP) dated 1 November 2022, seeking a variation of the development standard for height under clause 4.3 of the NSLEP, is upheld. (3) The appeal is upheld. (4) Development application DA86/22, as amended, for the consolidation of 2 lots, demolition of existing structures, excavation and construction of a six-storey residential flat building containing 21 apartments over 2 levels of basement parking and parking at grade, landscaping and associated works at 96-98 Ben Boyd Rd, Neutral Bay, is determined by the grant of consent, subject to the conditions of consent in Annexure "A". Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15(3) Environment Planning and Assessment Regulation 2000 cl 55, Sch 1 Land and Environment Court Act 1979, s 34 North Sydney Local Environmental Plan 2013, cll 2.3, 2.7, 4.3, 4.4, 4.6, 5.10, 5.21,6.2, 6.10 State Environmental Planning Policy (Biodiversity and Conservation) 2021 Chps 2, 10 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cll 28, 30 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 State Environmental Planning Policy (Transport and infrastructure) 2021, Div 17 Texts Cited: North Sydney Council, Community Engagement Protocol (2019) North Sydney Development Control Plan 2013 Land and Environment Court of NSW, COVID-19 NSW Department of Planning and Environment, Apartment Design Guide, 2015 Pandemic Arrangements Policy (April 2021) Category: Principal judgment Parties: AIDOP No 3 Pty Ltd ATF Aidop No 3 Unit Trust (Applicant) North Sydney Council (Respondent) Representation: Counsel: M Sonter (Applicant) K Law (Solicitor)(Respondent)