Strand Estates Pty Ltd v North Sydney Council [2013] NSWLEC 1004

Land and Environment Court New South Wales

Medium Neutral Citation: Strand Estates Pty Ltd v North Sydney Council [2013] NSWLEC 1004 Hearing dates: 4,5 December 2012 Decision date: 11 January 2013 Jurisdiction: Class 1 Before: Brown C and Ritchie AC Decision: 1. The appeal is upheld. 2. Development Application No, 467/11 for the demolition of the existing improvements and the construction of a mixed commercial/residential development at the corner of Berry Street and Pacific Highway, North Sydney is approved subject to the conditions in Annexure A. 3. The exhibits are returned with the exception of exhibit B. Catchwords: DEVELOPMENT APPLICATION: mixed commercial/residential development - whether the scale, form and massing of the building is acceptable within the context of the locality and neighbouring development - whether corner setback above the podium level acceptable - whether internal amenity of some apartments is acceptable - whether internal lift location acceptable Legislation Cited: Draft North Sydney Local Environmental Plan Environmental Planning and Assessment Act 1979 North Sydney Development Control Plan 2002 North Sydney Local Environmental Plan 2001 State Environmental Planning Policy No.1 State Environmental Planning Policy No. 65 Cases Cited: Castle Constructions Pty Ltd v North Sydney Council [2007] NSWCA 164 Category: Principal judgment Parties: Strand Estates Pty Ltd (Applicant) North Sydney Council (Respondent) Representation: Mr C McEwen SC with Mr M Staunton (Applicant) Mr A Pickles, barrister (Respondent) Strand Estates Pty Ltd (Applicant) North Sydney Council (Respondent) File Number(s): 10405 of 2012