CPDM Pty Ltd v North Sydney Council [2024] NSWLEC 1262

Land and Environment Court New South Wales

Medium Neutral Citation: CPDM Pty Ltd v North Sydney Council [2024] NSWLEC 1262 Hearing dates: Conciliation conference on 10 May 2024 Date of orders: 10 May 2024 Decision date: 10 May 2024 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 section 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (2) The Applicant's written request, prepared by Gyde dated 12 March 2024, made pursuant to clause 4.6 of the North Sydney Local Environmental Plan 2013 to vary the height development standard in clause 4.3 of the North Sydney Local Environmental Plan 2013, is upheld. (3) The appeal is upheld. (4) Development Application No DA219/23, as amended, for the demolition of existing structures, tree removal and construction of a multi-dwelling housing development comprising 10, 3-storey dwellings with basement parking and associated site works at 7-9 Selwyn Street, Wollstonecraft, is determined by the grant of consent subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APLPICATION – multi-dwelling housing development in R3 Medium Density Residential zone – conciliation conference – agreement between parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, s 38 North Sydney Local Environmental Plan 2013, cll 4.3, 4.6, 5.10, 6.10 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, Pt 6.2, ss 6.6, 6.7 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 (Transport and Infrastructure) 2021, s 2.48 Category: Principal judgment Parties: CPDM Pty Ltd (Applicant) North Sydney Council (Respondent) Representation: Counsel: A Adams (Solicitor) (Applicant) J Corradini-Bird (Solicitor) (Respondent)