Crows Nest Project Pty Ltd ATF Crows Nest Development Sub Trust v North Sydney Council [2023] NSWLEC 1320

Land and Environment Court New South Wales

Medium Neutral Citation: Crows Nest Project Pty Ltd ATF Crows Nest Development Sub Trust v North Sydney Council [2023] NSWLEC 1320 Hearing dates: Conciliation conference on 20 March and 17 April 2023 Date of orders: 22 June 2023 Decision date: 22 June 2023 Jurisdiction: Class 1 Before: Sheridan AC Decision: The Court Orders that: (1) The Applicant is to pay the Respondent's costs thrown away under s 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. (2) The Applicant's written request under cl 4.6 of the North Sydney Local Environmental Plan 2013 (NSLEP) for contravention of the maximum height development standard imposed by cl 4.3 of NSLEP is well founded. (3) The appeal is upheld. (4) Development Consent is granted to Development Application 96/22 for the demolition of existing structures on the site and construction of a new five-storey shop-top housing development comprising two levels of basement car parking, ground floor commercial premises, four levels of residential apartments comprising 25 apartments, communal open space and public domain improvements at 82-90 Alexander Street, Crows Nest is approved subject to the conditions in Annexure "A". Catchwords: DEVELOPMENT APPEAL – shop top housing – variation to height of building development standard – impact on residential amenity - 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 2021, s 37 Land and Environment Court Act 1979, ss 34, 39 North Sydney Local Environmental Plan 2013, cll 2.3, 4.3, 4.6, 6.10 Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021 State Environmental Planning Policy Amendment (Land Use Zones) 2022 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cll 28, 30, 32 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Texts Cited: North Sydney Development Control Plan 2013 NSW Department of Planning and Environment, Apartment Design Guide, 2015 NSW Department of Planning, Industry and Environment, Planning Circular PS 20-002, 2020 Category: Principal judgment Parties: Crows Nest Project Pty Ltd ATF Crows Nest Development Sub Trust (Applicant) North Sydney Council (Respondent) Representation: Counsel: J Reid (Applicant) J Walker (Solicitor) (Respondent)