WINIM Developments Pty Limited v North Sydney Council [2024] NSWLEC 1328

Land and Environment Court New South Wales

Medium Neutral Citation: WINIM Developments Pty Limited v North Sydney Council [2024] NSWLEC 1328 Hearing dates: 3-4 June 2024 Date of orders: 18 June 2024 Decision date: 18 June 2024 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is granted leave to rely on amended plans and other documents listed in Annexure A, subject to the Applicant paying the Respondent's costs thrown away as agreed or assessed pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. (2) The appeal is upheld. (3) Development application DA50/23 for alterations and additions to existing buildings and addition of a new five-storey rear wing extension containing three residential apartments and 42 hotel rooms above basement parking at 12A Carabella Street, Kirribilli is determined by the grant of consent subject to conditions of consent at Annexure B. (4) All exhibits are returned, except for Exhibits A, B, H, 1 and 11. Catchwords: DEVELOPMENT APPLICATION – whether proposed use is permitted in R4 High Density Residential zone – heritage conservation – heritage incentives facilitate conservation - whether view loss is reasonable – public submissions are considered Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 4.65, 8.7, 8.15 Land and Environment Court Act 1979, s 39 Environmental Planning and Assessment Regulation 2021, s 38 North Sydney Local Environmental Plan 2013, cll 4.3, 4.6, 5.10, 6.10, 6.12 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, Ch 6, ss 6.6, 6.7, 6.8 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021, ss 4, 45, 47, 48, Pt 3 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 Standard Instrument – Principal Local Environmental Plan 2006 Cases Cited: David Fox v North Sydney Council [2016] NSWLEC 1366 Fox v North Sydney Council [2020] NSWLEC 1056 George v City of Parramatta Council [2017] NSWLEC 1366 Howe Architects Pty Ltd v Ku-ring-gai Council [2021] NSWLEC 1233 Tenacity Consulting v Warringah Council (2004) 134 LGERA 23; [2004] NSWLEC 140 Texts Cited: North Sydney Community Engagement Policy North Sydney Development Control Plan 2013 NSW Department of Planning and Environment, Apartment Design Guide 2015 Category: Principal judgment Parties: WINIM Developments Pty Limited (Applicant) North Sydney Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) H Irish (Respondent)