Modog Pty Ltd v North Sydney Council [2018] NSWLEC 1160

Land and Environment Court New South Wales

Medium Neutral Citation: Modog Pty Ltd v North Sydney Council [2018] NSWLEC 1160 Hearing dates: 10 and 11 January 2018 Date of orders: 29 March 2018 Decision date: 29 March 2018 Jurisdiction: Class 1 Before: Smithson C Decision: 1. The appeal is dismissed. 2. Development Application DA 50/17 for demolition of an existing residential flat building and construction of a new residential flat building at 6 Thrupp Street, Neutral Bay is refused. 3. The exhibits are returned except Exhibits A, S and 4. Catchwords: DEVELOPMENT APPLICATION – whether existing use; whether consent for a building means consent for its use; rebuilding residential flat building if existing use rights apply; assessment considerations if existing use; impact on neighbours; impact on streetscape and local area character; height, bulk and scale; solar access; privacy; view loss; neighbour objections; public interest Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 North Sydney Local Environmental Plan 2001 North Sydney Local Environmental Plan 2013 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 State Environmental Planning Policy No. 10 - Retention of Low Cost Rental Housing State Environmental Planning Policy 65 - Design Quality of Residential Apartment Development Cases Cited: BYT Nominees v North Sydney Council (2008) 161 LGERA 77 Dosan Pty Limited v Rockdale City Council [2001] NSWLEC 252 Fodor Investments v Hornsby Shire Council [2005] NSWLEC 7 Jojeni Investments Pty Ltd v Mosman Municipal Council (2015) 89 NSWLR 760 Mona Vale Pty Limited v Pittwater Council (2003) 124 LGERA 449 Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Shire of Perth v O'Keefe (1964) 110 CLR 529 Stromness Pty Limited v Woollahra Municipal Council [2006] NSWLEC 587 Tenacity Consulting v Warringah [2004] NSWLEC 140 Texts Cited: North Sydney Development Control Plan 2013 Apartment Design Guide Category: Principal judgment Parties: Modog Pty Ltd (Applicant) North Sydney Council (Respondent) Representation: Counsel: Mr M Staunton, barrister (Applicant)