Holt Avenue Cremorne Pty Ltd v North Sydney Council [2023] NSWLEC 1736

Land and Environment Court New South Wales

Medium Neutral Citation: Holt Avenue Cremorne Pty Ltd v North Sydney Council [2023] NSWLEC 1736 Hearing dates: 27 October 2023 Date of orders: 05 December 2023 Decision date: 05 December 2023 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) Development application DA243/21 for the construction of a three-storey residential flat building comprising 16 dwellings and 2 levels of basement parking at 115-119 Holt Avenue Cremorne, is determined by the grant of consent subject to the conditions in Annexure A. (3) Exhibits 2-5 and D-K are returned, and the remaining exhibits are retained. Catchwords: APPEAL – development application – residential flat building in medium density zone – breach of height development standard – now a prohibited use – whether compatible with zone – building design – privacy impacts Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55, Sch 1 Heritage Act 1977, s 25 Land and Environment Court Act 1979, s 39 North Sydney Local Environmental Plan 2013 (Amendment No 35) North Sydney Local Environmental Plan 2013, cll 1.2, 1.8A, 4.3, 4.6, 6.10 Standard Instrument (Local Environmental Plans) Amendment (Exceptions to Development Standards) Order 2023 Standard Instrument (Local Environmental Plans) Order 2006, cl 8 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cll 6A, 28, 30 Cases Cited: Holt Avenue Cremorne Pty Ltd v North Sydney Council [2022] NSWLEC 1428 Maygood Australia Pty Ltd v Willoughby City Council [2013] NSWLEC 142 Texts Cited: Department of Planning and Environment, Apartment Design Guide, July 2015 North Sydney Development Control Plan 2013 Category: Principal judgment Parties: Holt Avenue Cremorne Pty Ltd (Applicant) North Sydney Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) P Hudson (Solicitor) (Respondent)