Rebel MH Neutral Bay Pty Ltd v North Sydney Council [2018] NSWLEC 191

Land and Environment Court New South Wales

Medium Neutral Citation: Rebel MH Neutral Bay Pty Ltd v North Sydney Council [2018] NSWLEC 191 Hearing dates: 26, 27 June, 6, 7, 8, 9 and 16 August 2018 Date of orders: 22 November 2018 Decision date: 22 November 2018 Jurisdiction: Class 1 Before: Moore J Decision: (1) The request pursuant to cl 4.6 of the North Sydney Local Environmental Plan 2013 to dispense with compliance with the relevant maximum height shown on the Height of Buildings Map is refused; (2) The appeal is dismissed; (3) Development Application DA177/17 for the construction of a residential flat building at 14, 16, 16A and 16B Thrupp Street, Neutral Bay, is refused; (4) The exhibits, other than Exhibits A and 3, are returned. Catchwords: DEVELOPMENT APPEAL - non-compliance with development standard (height restriction) - request pursuant to cl 4.6 of local environmental to permit breach of the standard - assessment of whether the request satisfies the mandated tests - satisfaction of mandated tests a jurisdictional prerequisite to consideration of merits - cl 4.6 request inadequate in several respects - request refused - appeal dismissed Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.15 North Sydney Local Environmental Plan 2013 Trees (Disputes between Neighbours) Act 2006 Cases Cited: Haindl v Daisch [2011] NSWLEC 1145 Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Super Studio v Waverley Council (2004) 133 LGERA 363; [2004] NSWLEC 91 The Presbyterian Church (New South Wales) Property Trust v Woollahra Municipal Council [2015] NSWLEC 47 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Category: Principal judgment Parties: Rebel MH Neutral Bay Pty Ltd (Applicant) North Sydney Council (Respondent) Representation: Counsel: Mr T Hale SC (Applicant) Mr P Larkin SC (Respondent)