GPT Funds Management Limited v North Sydney Council [2024] NSWLEC 1498

Land and Environment Court New South Wales

Medium Neutral Citation: GPT Funds Management Limited v North Sydney Council [2024] NSWLEC 1498 Hearing dates: Conciliation conference held 8 April, 6 May, 22 May, 6 June, 11 July and 30 July 2024 Date of orders: 16 August 2024 Decision date: 16 August 2024 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA393/22 and rely upon the amended plans and documents referred to in Condition 1 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 in the agreed sum of $18,000. (3) The Applicant's written request, pursuant to cl 4.6 of the North Sydney Local Environmental Plan 2013 (NSLEP), seeking to vary the development standard for height of buildings as set out at cll 4.3 and 4.3A of the NSLEP, is upheld. (4) The appeal is upheld. (5) Consent is granted to Development Application DA393/22 (as amended) for demolition of two office buildings and associated works and removal of trees, and construction of a 43-storey commercial building including a five-level basement with parking and associated works at 153-157 Walker Street North Sydney, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – commercial office building – cl 4.6 written request – height of buildings – 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, 37, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.119 North Sydney Local Environmental Plan 2013, cll 2.3, 2.7, 4.3, 4.3A, 4.6, 6.1, 6.3 Texts Cited: NSW Department of Planning and Environment, Planning Circular PS 20-002, May 2020 Category: Principal judgment Parties: GPT Funds Management Limited (Applicant) North Sydney Council (Respondent) Representation: Counsel: S Hanscomb (Applicant) A Guy (Solicitor) (Respondent)