66 Ernest St Developments Pty Limited ATF 66 Ernest St Development Unit Trust v North Sydney Council [2024] NSWLEC 1115

Land and Environment Court New South Wales

Medium Neutral Citation: 66 Ernest St Developments Pty Limited ATF 66 Ernest St Development Unit Trust v North Sydney Council [2024] NSWLEC 1115 Hearing dates: 8-9 February 2024 Date of orders: 15 March 2024 Decision date: 15 March 2024 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is dismissed. (2) Development consent for development application DA407/2022 seeking consent for demolition of an existing residential flat building and construction of a part three, part four residential flat building, containing nine apartments over a single level of basement parking with associated works and landscaping is refused. (3) All exhibits are returned except for Exhibits A, B, C, K, M and N. Catchwords: DEVELOPMENT APPLICATION – residential apartment development – residential flat building in R2 Low Density Residential zone – existing use – whether sufficient environmental planning grounds to justify contravention of height standard Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.3, 4.15, 4.65, 4.66, 4.67, 8.7 Land and Environment Court Act 1979, s 39 Environmental Planning and Assessment Regulation 2021, Pt 7, ss 38, 163, 164 North Sydney Local Environmental Plan 2013, cll 4.3, 4.6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Cases Cited: Fodor Investments v Hornsby Shire Council (2005) 141 LGERA 14; [2005] NSWLEC 71 P D Mayoh Pty Ltd v North Sydney Council No 10219 of 1997 [1997] NSWLEC 149 Project Venture Developments v Pittwater Council (2005) 141 LGERA 80; (2005) NSWLEC 191 Saffioti v Kiama Municipal Council [2019] NSWLEC 57 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: North Sydney Development Control Plan 2013 Category: Principal judgment Parties: 66 Ernest St Developments Pty Limited ATF 66 Ernest St Development Unit Trust (Applicant) North Sydney Council (Respondent) Representation: Counsel: M Staunton (Applicant) A Seton (Solicitor) (Respondent)