Eastview (Australia) Pty. Limited v North Sydney Council [2023] NSWLEC 1641

Land and Environment Court New South Wales

Medium Neutral Citation: Eastview (Australia) Pty. Limited v North Sydney Council [2023] NSWLEC 1641 Hearing dates: Conciliation conferences on 27 July, 9 and 31 August and 27 September 2023 Date of orders: 31 October 2023 Decision date: 31 October 2023 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders that: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a result of the Amended Application, as agreed or assessed. (2) The appeal is upheld. (3) Development Application No. 404/22 lodged on 20 December 2022, as amended, for the demolition and construction of a five-storey mixed-use residential and commercial development with three levels of basement parking at 165-173 Military Road, Neutral Bay, is determined by the grant of development consent, subject to the conditions of consent in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – mixed use – residential – cl. 4.6 written request – height variation – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, ss 29, 38 Land and Environment Court Act 1979, s 34 North Sydney Local Environmental Plan 2013, cll 2.3, 2.7, 4.3, 4.4A, 4.6, 5.10, 6.10 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, s 6.6 State Environmental Planning Policy (Building Sustainability Index: Basix) 2004 State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development, cll 4, 28, 30 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.119 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide, 2015 Category: Principal judgment Parties: Eastview (Australia) Pty. Limited (Applicant) North Sydney Council (Respondent) Representation: Counsel: A Whealy (Solicitor) (Applicant) M Winram (Solicitor) (Respondent)