The Bunker 2017 Pty Ltd v North Sydney Council [2019] NSWLEC 1365

Land and Environment Court New South Wales

Medium Neutral Citation: The Bunker 2017 Pty Ltd v North Sydney Council [2019] NSWLEC 1365 Hearing dates: 4, 5 and 7 June 2019 Date of orders: 06 August 2019 Decision date: 06 August 2019 Jurisdiction: Class 1 Before: O'Neill C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application No. 294/18 for use of lot 148 in SP 63731 for the purpose of office premises and lot 167 in SP 63731 for car parking and bicycle storage for the office, at 30 Glen Street, Milsons Point, is approved, subject to the conditions of consent at Annexure A. (3) The First Respondent is directed to issue a Building Information Certificate for works within the cubic space of lot 148 in SP 63731 at 30 Glen Street, Milsons Point. (4) Modification Application No. 588/01/2 lodged on 11 September 2018 to modify Development Consent D588/01 to incorporate works-as-executed into the development consent and authorise the use of lot 167 in SP 63731 to provide car parking and bicycle storage for the office, is refused. (5) The exhibits, other than exhibits 20, A, B, C and D, are returned. Catchwords: DEVELOPMENT APPLICATION AND BUILDING INFORMATION CERTIFICATE APPLICATION – whether the consent of the owners corporation is required for the making of a Building Information Certificate application in respect of works within a lot in the strata plan – whether works that rely or encroach on common property require the consent of the owners corporation as the owner of land to which the development relates – whether the proposal for the use of a commercial lot as an office has an unacceptable impact on the amenity and security of the mixed-use building Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Local Government Act 1993 Strata Schemes Management Act 2015 Environmental Planning and Assessment Regulation 2000 The Disability (Access to Premises – Building) Standards 2010 (Cth) North Sydney Local Environmental Plan 2013 Cases Cited: The Bunker 2017 Pty Ltd v North Sydney Council [2019] NSWLEC 1241 Owners Strata Plan 50411 v Cameron North Sydney Investments Pty Ltd (2003) 1 STR(NSW) 154 Al Maha Pty Ltd v Huajun Investments Pty Ltd (2018) 233 LGERA 170 Owners – Strata Plan 37762 v Pham and Ors [2005] NSWLEC 500 Texts Cited: North Sydney Development Control Plan 2013 National Construction Code Building Code of Australia 2019 Category: Principal judgment Parties: The Bunker 2017 Pty Ltd (Applicant) North Sydney Council (First Respondent) The Owners – Strata Plan No 63731 (Second Respondent) Representation: Counsel: S Duggan SC (Applicant) T To (First Respondent) H Irish (Second Respondent)