Shetty v North Sydney Council [2024] NSWLEC 1693

Land and Environment Court New South Wales

Medium Neutral Citation: Shetty v North Sydney Council [2024] NSWLEC 1693 Hearing dates: 21-22 October 2024: final submissions 24 October 2024 Date of orders: 31 October 2024 Decision date: 31 October 2024 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant's written request, prepared by Avenue Town Planning dated 23 October 2024, made pursuant to cl 4.6 of the North Sydney Local Environmental Plan 2013, to vary the height development standard in cl 4.3 of the North Sydney Local Environmental Plan 2013, is upheld. (2) The appeal is upheld. (3) Development Application No. 290/23, as amended, for alterations and additions to an attached dual occupancy at 1/19 Lavender Street, Lavender Bay, is determined by the grant of consent subject to the conditions at Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION: alterations and additions to heritage item – heritage conservation – conciliation conference – agreement between parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, ss 34, 34AA Environmental Planning and Assessment Regulation 2021, s 38 North Sydney Local Environmental Plan 2013, cll 4.3, 4.6, 6.10, Sch 5 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, ss 2.6, 6.28, 6.3, 6.6, 6.7, 6.9 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 2.11, 2.12, 2.13, 4.6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Sustainable Buildings) 2022 Cases Cited: Merman Investments v Woollahra Municipal Council [2021] NSWLEC 1582 Category: Principal judgment Parties: Jeppu Shetty (Applicant) North Sydney Council (Respondent) Representation: Counsel: F Bergland (Applicant) H Irish (Respondent)