CE Waters Pty Ltd as Trustee for CE Waters Development Trust v North Sydney Council [2023] NSWLEC 1687

CE Waters Pty Ltd as Trustee for CE Waters Development Trust v North Sydney Council [2023] NSWLEC 1687

The Court upheld the appeal and granted development consent because, on the evidence, site observations and submissions, the proposed alterations and additions and the associated modification of the Existing Consent were within jurisdiction, the relevant s 4.15 matters and other jurisdictional pre-requisites had been addressed, the Respondent no longer pressed its contentions after gazettal of the planning proposal amendment, and objectors had been appropriately notified and heard.

Jurisdiction
Australia
Judgment Date
16 November 2023
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application No 42/2023 / Consent Orders Hearing
Outcome
Appeal upheld; development consent granted to DA No 42/2023, as amended, subject to conditions.
Legal Topics
['development Consent' 'mixed Use Development' 'consent Orders' 'planning Proposal Amendment to Local Environmental Plan' 'conditions of Consent' 'public Participation']
['planning and Environment Law' 'development Appeals'] ['development Consent' 'mixed Use Development' 'consent Orders' 'planning Proposal Amendment to Local Environmental Plan' 'conditions of Consent' 'public Participation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application No 42/2023 / Consent Orders Hearing

Legal Issues

  1. 1 ["Whether the agreed consent orders granting development consent to DA No 42/2023 were within the Court's jurisdiction." 'Whether jurisdictional pre-requisites to the grant of development consent, including assessment under s 4.15 of the Environmental Planning and Assessment Act 1979, had been met.' 'Whether proposed Condition A1 could require modification of the Existing Consent by notice of modification under s 67 of the Environmental Planning and Assessment Regulation 2021.' 'Whether neighbouring objectors and owners had been appropriately notified and given an opportunity to make submissions.']

Ratio Decidendi

The Court upheld the appeal and granted development consent because, on the evidence, site observations and submissions, the proposed alterations and additions and the associated modification of the Existing Consent were within jurisdiction, the relevant s 4.15 matters and other jurisdictional pre-requisites had been addressed, the Respondent no longer pressed its contentions after gazettal of the planning proposal amendment, and objectors had been appropriately notified and heard.

Court Disposition

Appeal upheld; development consent granted to DA No 42/2023, as amended, subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development Consent is granted to Development Application No. 42/2023, as amended, for alterations and additions to an approved mixed use development, at 12 – 14 Waters Road, Neutral Bay NSW 2089, comprising an additional level of residential accommodation and rooftop amenities and open...