The Owners – Strata Plan No. 12175 v North Sydney Council [2024] NSWLEC 1713

Land and Environment Court New South Wales

Medium Neutral Citation: The Owners – Strata Plan No. 12175 v North Sydney Council [2024] NSWLEC 1713 Hearing dates: Conciliation conference on 22 July 2024; 7 August 2024; 12 September 2024; 4, 18 & 25 October 2024; 1 November 2024; s34 agreement received on 1 November 2024 Date of orders: 05 November 2024 Decision date: 05 November 2024 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The appeal is upheld. (2) Development application DA213/23 for Torrens title subdivision for boundary adjustment is determined by the grant of development consent, subject to the conditions set out in Annexure A. Catchwords: APPEAL – development application – Torrens title subdivision for boundary adjustment – conciliation conference – agreement between the parties – orders Legislation Cited: Coastal Management Act 2016, s 5 Environmental Planning and Assessment Act 1979, s 4.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 23, 38 North Sydney Local Environmental Plan 2013, cll 2.2, 2.6, 5.10, 5.23, 6.9, 6.10 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6 ss 6.6, 6.7, 6.9, 6.28, 6.32, 6.41; Div 3 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 2.11, 2.12, 2.13; Ch 4, s 4.6 Category: Principal judgment Parties: The Owners – Strata Plan No. 12175 (First Applicant) The Owners – Strata Plan No. 13551 (Second Applicant) Rahnch Constructions Pty Ltd (Third Applicant) North Sydney Council (Respondent) Representation: Counsel: A Gadiel (Solicitor) (Applicants) C Morton (Solicitor) (Respondent)