Mills v North Sydney Council [2025] NSWLEC 1066

Land and Environment Court New South Wales

Medium Neutral Citation: Mills v North Sydney Council [2025] NSWLEC 1066 Hearing dates: Conciliation conference on 6 February 2025 Date of orders: 11 February 2025 Decision date: 11 February 2025 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Consent No DA 363/22 is modified in the terms in Annexure A. (3) Development Consent No DA 363/22 as modified by the Court is Annexure B. Catchwords: Modification Application – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.9 Land and Environment Court Act 1979, ss 34 Environmental Planning and Assessment Regulation 2021, s 113 North Sydney Local Environmental Plan 2013 Category: Principal judgment Parties: Martin Mills (First Applicant) Joanna Bednarska (Second Applicant) North Sydney Council (Respondent) Representation: Counsel: J Doyle (Applicant) J Corradini-Bird (Solicitor) (Respondent)

Solicitors: Connor & Co Lawyers (Applicant) Marsdens Law Group (Respondent) File Number(s): 2024/00222799 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 8.9 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the deemed refusal by North Sydney Council (the Council) to modify Development Consent No DA 363/22 granted for alterations and additions to an existing semi-detached dwelling (the consent), at 17 King Street, Waverton (Lot C on DP 442915) (the site). The proposed modification of the consent includes amendments to the conditions of consent and approved design of the first storey addition, to allow for a balcony in the roof form fronting King Street. 2. The Court arranged a conciliation conference under s 34 of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on 6 February 2025. I presided over the conciliation conference. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. 3. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' decision if the parties' decision is a decision that the Court could have made in the proper exercise of its functions. The parties' decision involves the Court exercising the function under s 4.55(2) of the EPA Act to modify the development consent. 4. There are preconditions to the exercise of power to modify the development consent under s 4.55(2) of the EPA Act.