AP Development No. 2 Pty Limited v North Sydney Council [2023] NSWLEC 1035

Land and Environment Court New South Wales

Medium Neutral Citation: AP Development No. 2 Pty Limited v North Sydney Council [2023] NSWLEC 1035 Hearing dates: Conciliation conference on 10 November, 1 and 14 December 2022 and 16 January 2023 Date of orders: 1 February 2023 Decision date: 01 February 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The Applicant's written request prepared by Ethos Urban dated 9 December 2022, pursuant to cl 4.6 of the North Sydney Local Environmental Plan 2013, to vary the height development standard in cl 4.3 of the North Sydney LEP is upheld. (2) The Appeal is upheld. (3) Development Application No. DA144/22 for the demolition of existing buildings and construction of a residential flat building at 7-11 Premier Street, Neutral Bay is determined by the grant of consent subject to the conditions set out in Annexure A. (4) The applicant is to pay the Respondent's costs thrown away in the sum of $9,700 pursuant to s 8.15(3) of the Environmental Planning & Assessment Act 1979 within 28 days of the date of these orders. Catchwords: DEVELOPMENT APPEAL – demolition – residential flat building – view sharing – height of building – conciliation conference - agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.3, 4.15, 4.16, 8.7, 8.14 Environmental Planning and Assessment Regulation 2021, s 37 Land and Environment Court Act 1979, ss 34, 39 North Sydney Local Environmental Plan 2013, cll 2.3, 2.7, 4.3, 4.6, 6.1 State Environmental Planning Policy 55–Remediation of Land, cl 7 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development State Environmental Planning Policy (Biodiversity & Conservation) 2021 State Environmental Planning Policy (Building and Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Cases Cited: Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: North Sydney Development Control Plan 2013 Category: Principal judgment Parties: AP Development No 2 Pty Limited (Applicant) North Sydney Council (Respondent) Representation: Counsel: J Doyle (Applicant) A Seton (Solicitor)(Respondent)