Highbury Group Pty Ltd v North Sydney Council [2019] NSWLEC 1487

Land and Environment Court New South Wales

Medium Neutral Citation: Highbury Group Pty Ltd v North Sydney Council [2019] NSWLEC 1487 Hearing dates: Conciliation conference on 9 October 2019 Date of orders: 15 October 2019 Decision date: 15 October 2019 Jurisdiction: Class 1 Before: Smithson C Decision: The Court orders that: (1) Leave is granted to the Applicant to rely upon the amended plans listed in Condition 1 at Annexure "A". (2) The appeal in respect of the property known as 58-60 Aubin Street, Neutral Bay, is upheld. (3) Development Application DA 176/18 for lot consolidation, demolition of the existing structures and construction of a four (4) storey residential flat building, car parking and associated works at 58-60 Aubin Street, Neutral Bay, is approved subject to the conditions at Annexure "A". Catchwords: DEVELOPMENT APPLICATION – residential flat building – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Heritage Act 1977 Land and Environment Court Act 1979 North Sydney Local Environmental Plan 2013 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Coastal Management) 2018 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Texts Cited: Apartment Design Guide North Sydney Development Control Plan 2013 Category: Principal judgment Parties: Highbury Group Pty Ltd (Applicant) North Sydney Council (Respondent) Representation: Counsel: M Staunton (Applicant) S Kondilios with C Montague (Solicitors) (Respondent)