Connoisseur Property Holdings Pty Ltd v North Sydney Council [2018] NSWLEC 1000

Land and Environment Court New South Wales

Medium Neutral Citation: Connoisseur Property Holdings Pty Ltd v North Sydney Council [2018] NSWLEC 1000 Hearing dates: 6 December 2017 Date of orders: 04 January 2018 Decision date: 04 January 2018 Jurisdiction: Class 1 Before: Dixon C Decision: (1) Appeal is upheld.

(2) Development consent is granted to development application no 10/2016/460 for the demolition of the existing residential flat building and the erection of a replacement residential flat building with basement car parking at 18 Illiliwa Street, Cremorne subject to the conditions in Annexure A".

(3) The exhibits are returned apart from A and 3. Catchwords: APPEAL – development application for demolition of existing building and the erection of replacement residential flat building – development is a prohibited use - existing use as a residential flat building conceded within the meaning of s106 of the Environmental Planning and Assessment Act 1979 - criteria for the assessment of proposal on land with existing use right – bulk and scale of the building - development out of character with the existing and future character of the locality - car lift to basement parking – traffic and acoustic impacts Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 North Sydney Local Environment Plan 2013 North Sydney Development Control Plan 2013 State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development Cases Cited: Fodor Investments Pty Ltd v Hornsby Shire Council [2005] NSW LEC 71; (2005) 141 LGERA 14 Stromness Pty Limited v Woollahra Municipal Council [2006] NSWLEC 587 Iris Diversified Property Pty Ltd v Randwick City Council [2010] NSWLEC 58; (2010) 173 LGERA 240 Masterbuilt Pty Limited V Hornsby Shire Council [2005] NSWLEC 212 Category: Principal judgment Parties: Connoisseur Property Holdings Pty Ltd (Applicant) North Sydney Council (Respondent) Representation: Counsel: Mr C McEwen SC (Applicant) Mr T Hale SC (Respondent)