7 Pty Ltd v North Sydney Council [2023] NSWLEC 1289

Land and Environment Court New South Wales

Medium Neutral Citation: 7 Pty Ltd v North Sydney Council [2023] NSWLEC 1289 Hearing dates: Conciliation conference on 31 March 2023, 24 April 2023, 8 May and 24 May 2023. Date of orders: 13 June 2023 Decision date: 13 June 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away by reason of the amendments referred to in Annexure B in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the sum of $20,000.00, payable within 21 days of the date of these orders. (2) The appeal is upheld. (3) Development consent is granted to Development Application DA182/22 for alterations and additions to the existing mixed-use building, including changes to the external façade and building envelope, a swimming pool, and the internal layout to provide a total of four residential units and five retail tenancies at Lot C in Deposited Plan 341833 and Lot 1 in Deposited Plan 430461, also known as 1 Hayes Street, Neutral Bay, subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION: alterations and additions to existing mixed use building – effect of proposed development on item of heritage significance – conciliation conference – agreement between parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 4.66, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000 Environmental Planning and Assessment Regulation 2021, ss 29, 38, 163, 164 Land and Environment Court Act 1979, s 34 North Sydney Local Environmental Plan 2001 North Sydney Local Environmental Plan 2013, cll 4.3, 4.4, 4.6, 5.10, 6.9, Sch 5 Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 10.10, 10.11, 10.19, 10.23, 10.24 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 2.11, 2.12, 2.13, 4.6 State Environmental Planning Policy Amendment (Land Use Zones) (No 3) 2022 State Environmental Planning Policy No 65 – Design quality of residential apartment development, cll, 28, 30, Sch 1 Cases Cited: Bettar v Council of the City of Sydney [2014] NSWLEC 1070 Big Property Group Pty Ltd v Randwick City Council [2021] NSWLEC 1161 Texts Cited: Apartment Design Guide Category: Principal judgment Parties: 7 Pty Ltd (Applicant) North Sydney Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) K Geraghty (Solicitor) (Respondent)