ID Fitouts Pty Ltd v North Sydney Council [2023] NSWLEC 1062

Land and Environment Court New South Wales

Medium Neutral Citation: ID Fitouts Pty Ltd v North Sydney Council [2023] NSWLEC 1062 Hearing dates: Conciliation conference on 27 October 2022, 15 December 2022 Date of orders: 14 February 2023 Decision date: 14 February 2023 Jurisdiction: Class 1 Before: Sheridan AC Decision: The Court Orders that: (1) The appeal is upheld. (2) Development Consent is granted to Amend Development Application DA274/21 for the demolition of existing structures and construction of a five storey mixed use development containing two commercial tenancies and one motorcycle parking space at ground level, with a boarding house on levels 1–4 containing 12 rooms (including one manager's room) accommodating a total of 17 occupants, with communal living room and open space, above one basement level for waste and six bicycle parking spaces at 1 Eden Street, North Sydney, subject to conditions in Annexure A. (3) The Applicant is to pay the Respondent's costs that have been thrown away as a result of the amendment of the Application for development consent pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the agreed sum of $11,500 payable within 30 days of Orders being made. Catchwords: DEVELOPMENT APPEAL – mixed use development – boarding house – variation to height of building development standard – conciliation conference – agreement between parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Interpretation Act 1987 (NSW), s 30A Land and Environment Court Act 1979, ss 34, 39 North Sydney Local Environmental Plan 2013, cll 2.3, 2.7, Pt 4 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 26, 27, 28, 29 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021, Sch 7A, cl 2 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy No 55-Remediation of Land, cl 7 Cases Cited: CK Design Pty Ltd v Penrith City Council (No 2) [2022] NSWLEC 97. Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Texts Cited: North Sydney Development Control Plan 2013 Category: Principal judgment Parties: ID Fitouts Pty Ltd (Applicant) North Sydney Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) A Seton (Solicitor) (Respondent)