Pertama Development Pty Ltd v North Sydney Council [2025] NSWLEC 1036

Land and Environment Court New South Wales

Medium Neutral Citation: Pertama Development Pty Ltd v North Sydney Council [2025] NSWLEC 1036 Hearing dates: 24-27 September 2025 Date of orders: 23 January 2025 Decision date: 23 January 2025 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the application for development consent pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (2) The appeal is dismissed. (3) Development application DA/293/22 for the construction and use of a residential flat building comprising eight units over two basement floors, demolition of existing structures, excavation and other works at 1, 1A and 1B Spruson Street, Neutral Bay (Lot 3 in DP 40926 and SP 32711) is determined by way of refusal. (4) The Exhibits are returned with the exception of Exhibits A, C, N and 1. Catchwords: DEVELOPMENT APPLICATION – demolition, tree removal, excavation and construction of residential flat building – whether the variation to the maximum height of building standard should be upheld – whether the view impacts arising from the development are acceptable – whether the site is suitable for the proposed development – is the development an overdevelopment of the site – excessive bulk and scale – building design and amenity – visual privacy impacts – appeal dismissed Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Amendment (Exceptions to Development Standards) Regulation 2023 North Sydney Local Environmental Plan 2013, cll 4.3, 4.6 State Environmental Planning Policy (Housing) 2021, Sch 7A, s 2 State Environmental Planning Policy No 65—Design Quality of Residential Flat Development, cl 28 Cases Cited: Baron Corporation Pty Limited v Council of the City of Sydney (2019) 243 LGERA 338; [2019] NSWLEC 61 El Khouri v Gemaveld Pty Ltd (2023) 256 LGERA 24; [2023] NSWCA 78 Futurespace Pty Ltd v Ku-Ring-Gai Council (2009) 169 LGERA 45; [2009] NSWLEC 153 Lahoud v Willoughby City Council (2024) 259 LGERA 419; [2024] NSWCA 163 Seaside Property Developments Pty Ltd v Wyong Shire Council [2004] NSWLEC 117 Tenacity Consulting v Warringah Council (2004) 134 LGERA 23; [2004] NSWLEC 140 Texts Cited: Macquarie Dictionary, online ed, accessed 16 January 2025 North Sydney Development Control Plan 2013 NSW Department of Planning and Environment, Apartment Design Guide, 2015 Category: Principal judgment Parties: Pertama Development Pty Ltd (Applicant) North Sydney Council (Respondent) Representation: Counsel: A Galasso (Applicant) T To (Respondent)