PP Neutral Bay Pty Ltd v North Sydney Council [2023] NSWLEC 1664

Land and Environment Court New South Wales

Medium Neutral Citation: PP Neutral Bay Pty Ltd v North Sydney Council [2023] NSWLEC 1664 Hearing dates: Conciliation conference on 12 and 25 October 2023 Date of orders: 08 November 2023 Decision date: 08 November 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 the amendment of the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in a sum to be agreed or assessed. (2) The Appeal is upheld. (3) Development Application DA 334/22 for the demolition of existing structures and construction of a 4 storey residential flat building with 2 levels of basement parking at 53-55 Yeo Street Cremorne, is approved subject to conditions set out in Annexure A to this agreement. Catchwords: DEVELOPMENT APPLICATION – residential apartment development – residential flat building in R4 High density Residential zone – conciliation conference – agreement between parties – orders Legislation Cited: Architects Act 2003 Environmental Planning and Assessment Act 1979, ss 1.3, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, ss 29, 38, Sch 7 Land and Environment Court Act 1979, s 34 North Sydney Local Environmental Plan 2013, cll 4.3, 4.6, 6.10 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 10, ss 6.65, 10.1, 10.2 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development, Sch 1, cl 28 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Texts Cited: Apartment Design Guide Category: Principal judgment Parties: PP Neutral Bay Pty Ltd (Applicant) North Sydney Council (Respondent) Representation: Counsel: A Knox (Solicitor) (Applicant) K Law (Solicitor) (Respondent)