Aidop No.3 Pty Ltd ATF Aidop No.3 Unit Trust v North Sydney Council [2022] NSWLEC 1662

Aidop No.3 Pty Ltd ATF Aidop No.3 Unit Trust v North Sydney Council [2022] NSWLEC 1662

The appeal is upheld and consent granted to the amended development application because the Court is satisfied, upon agreement of the parties and unchallenged supporting expert material, that every jurisdictional prerequisite is met, the variation of maximum height standard is justified under cl 4.6 NSLEP, and the proposal satisfies the relevant criteria under the planning instruments and the Act.

Jurisdiction
Australia
Judgment Date
30 November 2022
Procedural Posture
Development Application Appeal / Final Judgment and Orders Following Conciliation
Outcome
Appeal upheld, amended development application approved, costs ordered in part against applicant.
Legal Topics
['development Application' 'variation of Development Standards' 'objector Submissions' 'consent Conditions' 'height of Buildings' 'local Environmental Plan' 'conciliation Conference' 'heritage' 'traffic' 'design Quality']
['planning and Environment'] ['development Application' 'variation of Development Standards' 'objector Submissions' 'consent Conditions' 'height of Buildings' 'local Environmental Plan' 'conciliation Conference' 'heritage' 'traffic' 'design Quality']

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Procedural Posture

Development Application Appeal / Final Judgment and Orders Following Conciliation

Legal Issues

  1. 1 ['Whether the development application as amended should be approved under the applicable planning regime' 'Whether the requested variation to the maximum building height under cl 4.6 NSLEP should be granted' 'Whether relevant statutory and regulatory criteria for approval are satisfied' 'Whether the agreed terms between the parties should be disposed of by the Court under s 34(3) LEC Act']

Ratio Decidendi

The appeal is upheld and consent granted to the amended development application because the Court is satisfied, upon agreement of the parties and unchallenged supporting expert material, that every jurisdictional prerequisite is met, the variation of maximum height standard is justified under cl 4.6 NSLEP, and the proposal satisfies the relevant criteria under the planning instruments and the Act.

Court Disposition

Appeal upheld, amended development application approved, costs ordered in part against applicant.

Orders

  • ["The Applicant is to pay the Respondent's costs thrown away by the amendment of the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed." "The Applicant's amended written request under clause 4.6 of the North Sydney Local Environmental Plan 2013...