Jazar Investments Pty Ltd v North Sydney Council [2023] NSWLEC 1172

Land and Environment Court New South Wales

Medium Neutral Citation: Jazar Investments Pty Ltd v North Sydney Council [2023] NSWLEC 1172 Hearing dates: Conciliation conference on 12 April 2023 Date of orders: 12 April 2023 Decision date: 12 April 2023 Jurisdiction: Class 1 Before: Gray C Decision: In relation to proceedings 2022/160129, the Court orders that: (1) The appeal is upheld. (2) The Development Control Order contained at Annexure A is substituted for the Development Control Order issued by the Respondent to the Applicant, being Development Control Order No. BCM2 dated 12 May 2022 , issued pursuant to section 9.34 and Part 1 of Schedule 5 of the Environmental Planning and Assessment Act 1979 in relation to the property at 271 Pacific Highway, North Sydney. In relation to proceedings 2022/361426, the Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away under section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $3,000.00 within 21 days of these orders. (2) The appeal is upheld. (3) Development consent is granted to development application DA315/22 for the continued use of signage and proposed signage strategy associated with licensed premises at 271 Pacific Highway, North Sydney subject to the conditions of consent at Annexure A. Catchwords: APPEAL – development application – APPEAL – development control order – advertising and signage on heritage pub – conciliation conference – agreement reached in both appeals – orders made granting development application – orders made to substitute development control order with a remove advertising order Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.18, 9.34, Sch 5, Pt 1, Div 9.3 Environmental Planning and Assessment Regulation 2021, cll 37, 38 Land and Environment Court Act 1979, s 34 North Sydney Local Environmental Plan 2013 cl 5.10 State Environmental Planning Policy (Industry and Employment) 2021 ss 3.1, 3.6, Sch 5, Ch 3 Category: Principal judgment Parties: Jazar Investments Pty Ltd (Applicant) North Sydney Council (Respondent) Representation: Counsel: J Reid (Applicant) A Seton (Solicitor)(Respondent)