Dynasty ABC Investment Holdings Pty Ltd v North Sydney Council [2023] NSWLEC 1126

Land and Environment Court New South Wales

Medium Neutral Citation: Dynasty ABC Investment Holdings Pty Ltd v North Sydney Council [2023] NSWLEC 1126 Hearing dates: Conciliation conference held 18 October, 2 November, 23 November and 19 December 2022, 20 February and 3 March 2023, final agreement filed 3 March 2023 Date of orders: 22 March 2023 Decision date: 22 March 2023 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court Orders that: (1) Leave is granted to the Applicant to amend Development Application DA 58/2022 and rely upon the amended plans and documents referred to at Condition 1 of Annexure A. (2) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a result of amending the Development Application in the agreed sum of $35,000 within 28 days of the date of these orders. (3) The Applicant's written request, pursuant to clause 4.6 of the North Sydney Local Environmental Plan 2013 (NSLEP), seeking to vary the development standard for height of building as set out at clause 4.3 of the NSLEP, is upheld. (4) The appeal is upheld. (5) Consent is granted to Development Application DA 58/2022 (as amended) for demolition of existing commercial office building, excavation to accommodate 8 basement levels, construction of a new 37-storey commercial tower, planting of 2 additional street trees, and augmentation and diversion of existing utilities infrastructure at 107 Mount Street, North Sydney, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – commercial office building – 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, 8.15 Land and Environment Court Act 1979, s 34 North Sydney Local Environmental Plan 2013, cll 2.3, 4.3, 4.6, 5.6, 6.1, 6.3 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Planning Systems) 2021, Sch 6 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.48, 2.122 Sydney Water Act 1994, s 78 Texts Cited: NSW Department of Planning and Environment, Planning Circular PS 18-003, February 2018 Category: Principal judgment Parties: Dynasty ABC Investment Holdings Pty Ltd (Applicant) North Sydney Council (Respondent Representation: Counsel: F Rourke (Solicitor) (Applicant) R White (Respondent)