Zoygroup Pty Ltd v North Sydney Council [2012] NSWLEC 1249

Land and Environment Court New South Wales

Medium Neutral Citation: Zoygroup Pty Ltd v North Sydney Council [2012] NSWLEC 1249 Hearing dates: 21 & 22, 27August 2012 Decision date: 28 August 2012 Jurisdiction: Class 1 Before: Dixon C Decision: (1)The appeal is upheld. (2)The Council is directed to forward to the Court conditions of consent which reflect the reasons for judgment within 7 days following which orders will be made in chambers. Catchwords: Appeal: - development application for a boarding house, affordable rental housing, permissibility - equivalent land use zone under the Standard Instrument, is the design compatible with the character of the local area. Legislation Cited: Environment Planning and Assessment Act 1979 North Sydney Local Environmental Plan 2001(LEP) North Sydney Development Control Plan 2002 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Affordable Rental Housing) Amendment 2011 Cases Cited: Carr v Goulbourn City Council (unreported, Cripps J, 21 June 1983) MacDonald v Mosman Municipal Council (1999) 105 LGERA 49 Wehbe V Pittwater (2007) 156 LGERA 446 Winten Property Group Ltd V North Sydney Council (2001) 130 LGERA 79 Category: Principal judgment Parties: Zoygroup Pty Ltd (Applicant) North Sydney Council (Respondent) Representation: Counsel Dr S Berveling (Applicant) Mr A Pickles (Respondent) Solicitors Tresscox Lawyers (Applicant) HWL Ebsworth Lawyers (Respondent) File Number(s): 11186 of 2011