WINIM Developments PTY Limited v North Sydney Council [2024] NSWLEC 1045

Land and Environment Court New South Wales

Medium Neutral Citation: WINIM Developments PTY Limited v North Sydney Council [2024] NSWLEC 1045 Hearing dates: 29 January 2024 Date of orders: 13 February 2024 Decision date: 13 February 2024 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant's written request, pursuant to clause 4.6 of the North Sydney Local Environmental Plan 2013, seeking to vary the development standard for height as set out in clause 4.3 of the North Sydney Local Environmental Plan 2013, is upheld. (2) The appeal is upheld. (3) Development consent is granted to development application no. 230/22 for partial demolition of existing structures, tree removal and the construction of a four-storey residential flat building with basement parking for 15 car parking space and nine bicycle spaces at 112-114 Wycombe Road, Neutral Bay, legally known as Lots 1-4 in Sp 41508, subject to conditions of consent attached in Annexure A. (4) All exhibits are returned except for Exhibits A, B, C, 4 and 8. Catchwords: DEVELOPMENT APPLICATION: residential apartment development – residential flat building in R4 High Density Residential zone – public submissions are considered – orders by consent Legislation Cited: Architects Act 2003 Conveyancing Act 1919, ss 88A, 88B, 88E Land and Environment Court Act 1979, s 39 Environmental Planning and Assessment Act 1979, ss 4.16, 4.17, 8.7 Environmental Planning and Assessment Regulation 2021, ss 27, 29, 38, Dictionary North Sydney Local Environmental Plan 2013, cll 4.3, 4.4, 4.6, 5.10, 6.10, 6.12, Sch 5 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 10.9, 10.10, Chp 2, Chp 10 State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development, cl 28, 30, Sch 1 Texts Cited: North Sydney Development Control Plan 2013 Apartment Design Guide Category: Principal judgment Parties: WINIM Developments Pty Limited (Applicant) North Sydney Council (Respondent) Representation: Counsel: L Cone (Solicitor) (Applicant) P Hudson (Solicitor) (Respondent)