WINIM Developments Pty Limited v North Sydney Council [2024] NSWLEC 1328

WINIM Developments Pty Limited v North Sydney Council [2024] NSWLEC 1328

The appeal was upheld and consent granted because the heritage incentive provision (cl 5.10(10) NSLEP) applied, facilitating conservation of the heritage item and enabling the otherwise prohibited hotel use. The variation to the maximum building height under cl 4.6 NSLEP was justified, as the objectives of the height control and zone were satisfied and impacts on views, privacy, overshadowing, and surrounding amenity were minor, reasonable, or addressed. Expert evidence supported that all material matters were either resolved or satisfied and public submissions did not raise grounds warranting refusal.

Parties
Applicant: WINIM Developments Pty Limited; Respondent: North Sydney Council
Jurisdiction
Australia
Judgment Date
18 June 2024
Procedural Posture
Development Appeal (class 1, Land and Environment Court) / Final Judgment After Hearing
Outcome
Appeal upheld; development consent granted with conditions; costs orders made
Legal Topics
Development Application, Heritage Conservation, Permissibility of Use, Development Standards, View Sharing, Amenity, Tree/landscape Impact, Affordable Housing, Heritage Incentives, Building Height Variation, Public Submissions, Construction Impacts
Planning and Environment Law Development Application Heritage Conservation Permissibility of Use Development Standards View Sharing Amenity Tree/landscape Impact +5 more

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Parties

WINIM Developments Pty Limited

Applicant

North Sydney Council

Respondent

Procedural Posture

Development Appeal (class 1, Land and Environment Court) / Final Judgment After Hearing

Legal Issues

  1. 1 Whether the proposed hotel use is permissible pursuant to heritage incentive under cl 5.10(10) of NSLEP
  2. 2 Whether to approve the variation to the 12m height standard under cl 4.6 of NSLEP
  3. 3 Whether impacts on amenity, heritage, views, landscape, trees, and public concerns are acceptable

Ratio Decidendi

The appeal was upheld and consent granted because the heritage incentive provision (cl 5.10(10) NSLEP) applied, facilitating conservation of the heritage item and enabling the otherwise prohibited hotel use. The variation to the maximum building height under cl 4.6 NSLEP was justified, as the objectives of the height control and zone were satisfied and impacts on views, privacy, overshadowing, and surrounding amenity were minor, reasonable, or addressed. Expert evidence supported that all material matters were either resolved or satisfied and public submissions did not raise grounds warranting refusal.

Court Disposition

Appeal upheld; development consent granted with conditions; costs orders made

Orders

  • The Applicant is granted leave to rely on amended plans/documents (Annexure A) subject to costs thrown away as agreed or assessed.
  • Appeal upheld.