AP Development No. 2 Pty Limited v North Sydney Council [2023] NSWLEC 1035

AP Development No. 2 Pty Limited v North Sydney Council [2023] NSWLEC 1035

The appeal was upheld and consent granted because the applicant's written request under cl 4.6 adequately addressed the matters required to justify contravening the maximum height standard, there are sufficient environmental planning grounds, and the development is consistent with the objectives of the standard and the zone. All relevant statutory preconditions were satisfied and the proposal is in the public interest.

Jurisdiction
Australia
Judgment Date
01 February 2023
Procedural Posture
Development Appeal / Final Orders Following Conciliation Conference and Agreement Between Parties
Outcome
Appeal upheld. Development application approved with conditions. Applicant to pay the respondent's costs thrown away.
Legal Topics
['development Approval' 'variation of Development Standards' 'conciliation Conference' 'height of Building' 'public Interest' 'residential Flat Building']
['planning and Environment Law'] ['development Approval' 'variation of Development Standards' 'conciliation Conference' 'height of Building' 'public Interest' 'residential Flat Building']

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Procedural Posture

Development Appeal / Final Orders Following Conciliation Conference and Agreement Between Parties

Legal Issues

  1. 1 ['Whether the proposed development should be granted consent notwithstanding a contravention of the maximum height development standard in cl 4.3 of the North Sydney Local Environmental Plan 2013' 'Whether the written request under cl 4.6 justifies the height contravention' 'Whether conditions for varying the standard under cl 4.6 are satisfied']

Ratio Decidendi

The appeal was upheld and consent granted because the applicant's written request under cl 4.6 adequately addressed the matters required to justify contravening the maximum height standard, there are sufficient environmental planning grounds, and the development is consistent with the objectives of the standard and the zone. All relevant statutory preconditions were satisfied and the proposal is in the public interest.

Court Disposition

Appeal upheld. Development application approved with conditions. Applicant to pay the respondent's costs thrown away.

Orders

  • ["The Applicant's written request to vary the height development standard is upheld." 'The Appeal is upheld.' 'Development Application No. DA144/22 for demolition and construction of a residential flat building at 7-11 Premier Street, Neutral Bay is granted consent subject to conditions in Annexure A.' "Applicant to...