TWT Development Pty Ltd v North Sydney Council [2020] NSWLEC 1353

TWT Development Pty Ltd v North Sydney Council [2020] NSWLEC 1353

The Court was satisfied that the applicant's written request adequately addressed the matters required by cl 4.6(3) of the North Sydney Local Environmental Plan 2013 and that the proposed development was in the public interest as consistent with objectives of the contravened development standard and zoning; thus, consent could be granted notwithstanding the non-compliance with the height of buildings standard.

Jurisdiction
Australia
Judgment Date
11 August 2020
Procedural Posture
Development Application Appeal (class 1) / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development application approved subject to conditions; costs order in relation to amendments and clause 4.6 request.
Legal Topics
['development Standards' 'height of Buildings' 'development Consent' 'clause 4.6 Requests' 'public Interest' 'urban Planning']
['planning and Environment Law'] ['development Standards' 'height of Buildings' 'development Consent' 'clause 4.6 Requests' 'public Interest' 'urban Planning']

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Procedural Posture

Development Application Appeal (class 1) / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ["Whether the applicant's written request adequately justifies contravention of the height of buildings development standard under cl 4.6 of the North Sydney Local Environmental Plan 2013" 'Whether the proposed development is in the public interest as consistent with the objectives of the contravened development standard and the zone' 'Whether jurisdictional prerequisites for granting consent under s 4.16 of the Environmental Planning and Assessment Act 1979 are satisfied']

Ratio Decidendi

The Court was satisfied that the applicant's written request adequately addressed the matters required by cl 4.6(3) of the North Sydney Local Environmental Plan 2013 and that the proposed development was in the public interest as consistent with objectives of the contravened development standard and zoning; thus, consent could be granted notwithstanding the non-compliance with the height of buildings standard.

Court Disposition

Appeal upheld; development application approved subject to conditions; costs order in relation to amendments and clause 4.6 request.

Orders

  • ['The Applicant is granted leave to amend the application to rely on the amended plans listed in Condition A1 of the conditions of consent at Annexure A.' 'The appeal is upheld.' 'Development Application No. 30/19 is approved, subject to the conditions of consent at Annexure A.' 'The Applicant is granted leave to...