Mackenzie Architects International Pty Ltd v North Sydney Council [2019] NSWLEC 1462

Land and Environment Court New South Wales

Medium Neutral Citation: Mackenzie Architects International Pty Ltd v North Sydney Council [2019] NSWLEC 1462 Hearing dates: Conciliation Conference on 7 August 2019 Date of orders: 01 October 2019 Decision date: 01 October 2019 Jurisdiction: Class 1 Before: O'Neill C Decision: The Court orders: (1) The applicant is granted leave to amend the application by relying on the amended architectural plans and schedule of finishes set out in condition A1 of the conditions of consent at Annexure A. (2) The Applicant's written request under clause 4.6 of the North Sydney Local Environmental Plan 2013 prepared by Chapman Planning Pty Ltd and dated 21 August 2019 for the non-compliance of the development with the height of buildings development standard in clause 4.3 of the North Sydney Local Environmental Plan 2013 is upheld. (3) The appeal is upheld. (4) Development Application No. 227/18 for the demolition of existing buildings and construction of a residential flat building containing 29 apartments with basement parking on Lots 9, 10 and 11 in DP 8869, known as 5-7 Doohat Avenue, North Sydney, is approved, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 North Sydney Local Environmental Plan 2013 Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446 Category: Principal judgment Parties: Mackenzie Architects International Pty Ltd (Applicant) North Sydney Council (Respondent) Representation: Counsel: M Jaku (Solicitor) (Applicant) S Schneider (Solicitor) (Respondent)