Cascinda 88 Pty Ltd v North Sydney Council [2024] NSWLEC 1494

Land and Environment Court New South Wales

Medium Neutral Citation: Cascinda 88 Pty Ltd v North Sydney Council [2024] NSWLEC 1494 Hearing dates: Conciliation conference held 10 May, 7 June, 16 July, 26 July 2024 Date of orders: 15 August 2024 Decision date: 15 August 2024 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA235/2023 and rely upon the amended plans and documents referred to in Condition A1 at Annexure A. (2) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a result of amending the Development Application as agreed or assessed. (3) The appeal is upheld. (4) Consent is granted to Development Application DA235/2023 (as amended) for demolition of existing structures, boundary adjustment and construction of a pair of semi-detached dwellings and new landscaping at 32 Darley Street, Neutral Bay, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – semi-detached residential dwellings – cl 4.6 written request – height of buildings – minimum lot size – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 27, 37, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 North Sydney Local Environmental Plan 2013, cll 2.3, 4.1, 4.3, 4.6, 5.10, 5.21, 6.10 Texts Cited: NSW Department of Planning and Environment, Planning Circular PS 20-002, May 2020 Category: Principal judgment Parties: Cascinda 88 Pty Ltd (First Applicant) BMV Neutral Bay Pty Ltd (Second Applicant) North Sydney Council (Respondent) Representation: Counsel: A Sattler (Solicitor) (Applicants) J Corradini-Bird (Solicitor) (Respondent)