63 Carter St Cammeray Pty Ltd v North Sydney Council [2020] NSWLEC 1014

Land and Environment Court New South Wales

Medium Neutral Citation: 63 Carter St Cammeray Pty Ltd v North Sydney Council [2020] NSWLEC 1014 Hearing dates: Conciliation conference on 28 August 2019; 26 September 2019; 5 December 2019 Date of orders: 15 January 2020 Decision date: 15 January 2020 Jurisdiction: Class 1 Before: Bindon AC Decision: The Court orders: (1) Leave is granted to the applicant to rely on amended architectural plans by DKO Architects Issue F dated 6 December 2019. (2) The applicant shall pay the respondent's costs pursuant to s 8.15(3) as agreed or assessed. (3) The appeal is upheld. (4) Development consent is granted to development application No. DA 443/18 for the demolition of existing buildings and the erection of a part 4 and part 5 storey residential flat building containing 19 dwellings with basement parking for 33 resident vehicles and 5 visitor spaces at 63 Carter Street, Cammeray subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 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 No 55 – Remediation of Land State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Cases Cited: oOh! Media Assets Pty Ltd v The Council of the City of Sydney [2016] NSWLEC 47 Saffioti v Kiama Municipal Council [2019] NSWLEC 57 Category: Principal judgment Parties: 63 Carter St Cammeray Pty Ltd (Applicant) North Sydney Council (Respondent) Representation: Counsel: R McCulloch (Solicitor) (Applicant) M Pearce (Solicitor) (Respondent)