CE Waters Pty Ltd as Trustee for CE Waters Development Trust v North Sydney Council [2023] NSWLEC 1687

Land and Environment Court New South Wales

Medium Neutral Citation: CE Waters Pty Ltd as Trustee for CE Waters Development Trust v North Sydney Council [2023] NSWLEC 1687 Hearing dates: 31 October 2023 Date of orders: 16 November 2023 Decision date: 16 November 2023 Jurisdiction: Class 1 Before: Byrne AC Decision: The Court orders: (1) The appeal is upheld. (2) Development Consent is granted to Development Application No. 42/2023, as amended, for alterations and additions to an approved mixed use development at 12 – 14 Waters Road, Neutral Bay, NSW 2089, comprising an additional level of residential accommodation and rooftop amenities and open space, subject to the conditions set out in Annexure A. (3) All exhibits are returned, except for Exhibit B. Catchwords: DEVELOPMENT APPEAL – mixed use building – consent orders hearing – planning proposal amendment to local environmental plan – conditions – public participation – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.5, 4.16, 4.17,7.4, 8.7 Environmental Planning and Assessment Regulation 2021, s 67 Land and Environment Court Act 1979, s 17 North Sydney Local Environmental Plan 2013, cl 4.3, 4.4A North Sydney Development Control Plan 2013 Cases Cited: HP Subsidiary Pty Ltd v City of Parramatta Council [2020] NSWLEC 135 McMillan v Taylor [2023] NSWCA 183 Texts Cited: NSW Department of Planning Apartment Design Guide 2015 Category: Principal judgment Parties: CE Waters Pty Ltd as Trustee for CE Waters Development Trust (Applicant) North Sydney Council (Respondent) Representation: Counsel: J Doyle (Applicant) P Hudson (solicitor) (Respondent)