107 High Nth Sydney Pty Ltd v North Sydney Council [2023] NSWLEC 1231

Land and Environment Court New South Wales

Medium Neutral Citation: 107 High Nth Sydney Pty Ltd v North Sydney Council [2023] NSWLEC 1231 Hearing dates: 15,16 February 2023 Date of orders: 16 May 2023 Decision date: 16 May 2023 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development application DA281/21 which seeks consent for the demolition of the existing building, excavation, and construction of a four storey residential flat building proposed at 107 High Street, North Sydney (SP3013) is approved subject to the conditions in Annexure A. (3) The exhibits are returned, with the exception of Exhibits 2, and C. Catchwords: DEVELOPMENT APPLICATION – consent sought for demolition and construction of four storey residential flat building – site within Heritage Conservation Area – whether the development has adverse impacts on the conservation area – whether the built form and character are compatible with the established character – impacts on views from adjoining properties to Sydney Harbour – amenity of the proposed development – appeal upheld Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.17, 8.7 Land and Environment Court Act 1979, s 34 North Sydney Local Environmental Plan 2013, cll 2.7, 4.3, 5.4, 5.10, 6.10 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 10.2, 10.10, 10.24 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, cll 4, 6A, 28 Cases Cited: Arnott v City of Sydney Council [2015] NSWLEC 1052 Nisbet v Newcastle City Council [2017] NSWLEC 1480 Tenacity Consulting v Warringah Council (2004) 134 LGERA 23; [2004] NSWLEC 140 Texts Cited: Apartment Design Guide International Council of Monuments and Sites, Burra Charter 1999 North Sydney Development Control Plan 2013 Category: Principal judgment Parties: 107 High Nth Sydney Pty Ltd (Applicant) North Sydney Council (Respondent) Representation: Counsel: C Ireland (Applicant) A Seton (Solicitor) (Respondent)