Aidop No. 2 Pty Ltd v North Sydney Council [2018] NSWLEC 1661

Land and Environment Court New South Wales

Medium Neutral Citation: Aidop No. 2 Pty Ltd v North Sydney Council [2018] NSWLEC 1661 Hearing dates: 19 November 2018 Date of orders: 21 December 2018 Decision date: 21 December 2018 Jurisdiction: Class 1 Before: Chilcott C Decision: 1. The Applicant is granted leave to amend the development application and rely on the amended plans referred to in Annexure 'A' in the proceedings;

2. By consent, the appeal is upheld;

3. Development application DA 54/18, as amended, for the demolition of existing structures and the construction of a residential flat building with basement car parking at 14-20 Premier St Neutral Bay, is determined by approval, subject to the conditions of consent provided at Annexure 'A';

4. The exhibits are returned, except Exhibits 1, 2, A and B. Catchwords: CONSENT ORDERS: Residential flat building; existing use rights; merits assessment; retention of affordable rental housing. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Environmental Planning and Assessment Regulation 2000 North Sydney Local Environment Plan 2012 State Environmental Planning Policy no. 65 – Design Quality of Residential Apartment Development State Environmental Planning Policy (Affordable Rental Housing) 2009 Cases Cited: Fodor Investments v Hornsby Shire Council [2005] NSWLEC 71 Saffioti v Kiama Municipal Council [2018] NSWLEC 1426 Stromness Pty Limited v Woollahra Municipal Council [2006] NSWLEC 587 Texts Cited: Apartment Design Guide (NSW Department of Planning and Environment) North Sydney Development Control Plan 2013 Category: Principal judgment Parties: Aidop No. 2 Pty Ltd (Applicant)