Fox v North Sydney Council [2020] NSWLEC 1056

Land and Environment Court New South Wales

Medium Neutral Citation: Fox v North Sydney Council [2020] NSWLEC 1056 Hearing dates: 29-31 October 2019; 11 November 2019 Date of orders: 07 February 2020 Decision date: 07 February 2020 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The appeal is dismissed. (2) Development application DA395/18 is refused. (3) The exhibits are returned with the exception of Exhibits 2 and F. Catchwords: DEVELOPMENT APPLICATION – Construction of a building (boat building and repair facility and dwelling) within public recreation zoned land on Sydney Harbour foreshore – land reservation and acquisition – permissibility via heritage incentive clause – relationship of heritage incentives clause to other controls – reactivation of boat building and repair facility as central to delivery of heritage benefits – uncertainty of delivery of heritage benefits Legislation Cited: Environmental Planning and Assessment Act 1979 North Sydney Local Environmental Plan 2013 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 State Environmental Planning Policy No 55—Remediation of Land Cases Cited: DEM (Australia) Pty Limited v Pittwater Council (2004) 136 LGERA 187; [2004] NSWCA 434 Jewish Learning Centre Limited v Waverley Council [2017] NSWLEC 1276 New Century Developments Pty Limited v Baulkham Hills Shire Council (2003) 127 LGERA 303; [2003] NSWLEC 154 Retirement by Design Pty Limited v Warringah Shire Council [2006] NSWLEC 656 Texts Cited: Susan Butler (ed), Macquarie Dictionary (online) Sydney Harbour Foreshores and Waterways Area Development Control Plan 2005 Category: Principal judgment Parties: David Fox (Applicant) North Sydney Council (Respondent) Representation: Counsel: R Lancaster SC (Applicant) M Hall SC (Respondent)