Highbury Warung Pty Ltd v North Sydney Council [2023] NSWLEC 1329

Land and Environment Court New South Wales

Medium Neutral Citation: Highbury Warung Pty Ltd v North Sydney Council [2023] NSWLEC 1329 Hearing dates: 20 March 2023 Date of orders: 28 June 2023 Decision date: 28 June 2023 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) The Applicant's written request, pursuant to cl 4.6 of the North Sydney Local Environmental Plan 2013 (NSLEP), seeking to vary the development standard for height of buildings as set out at cl 4.3 of the NSLEP, is upheld. (2) The appeal is upheld. (3) Consent is granted to Development Application DA379/21 for the partial demolition of an existing residential apartment building, excavation and construction of a basement, new basement entry, construction of new apartment additions above and alteration of the remaining apartments at 1 Warung Street, McMahons Point, subject to the conditions of consent at Annexure A. (4) The exhibits, other than 2, 5, 6, A, B and D, are returned. Catchwords: APPEAL – development application – residential apartment building development – alterations and additions – heritage conservation – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development 2000, Sch 1 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 10.2, 10.18, 10.23, 10.56, 10.57, Ch 10 North Sydney Local Environmental Plan 2013, cll 1.2, 2.1, 2.2, 4.3, 4.4, 4.6, 5.10, 6.10, Sch 5 Texts Cited: North Sydney Development Control Plan 2013 NSW Department of Planning, Apartment Design Guide, 2015 NSW Department of Planning, Planning Circular PS 18-003, 2018 Category: Principal judgment Parties: Highbury Warung Pty Ltd (Applicant) North Sydney Council (Respondent) Representation: Counsel: M Staunton (Applicant) A Seton (Solicitor) (Respondent)