Architectural Projects Pty Ltd v North Sydney Council [2026] NSWLEC 1711
Before: Peatman AC · NSW Land and Environment Court
Summary
The Applicant seeks consent from North Sydney Council (Council) to Development Application No DA 451/2025 (DA) for alterations and additions to Unit 4, being Lot 4 in Strata Plan 53107, within the existing residential flat building known as “The Moorings” located at 7 Elamang Avenue, Kirribilli NSW (Site). The alterations and additions in the DA included removal of existing plants and pergolas, replacement of balustrades and handrails, construction of new pergolas to North, West and East and fen
Catchwords
DEVELOPMENT APPLICATION – Strata Title – privacy – views – conciliation conference – agreement between the parties – orders
Outcome
The Court orders: (1) The appeal is upheld. (2) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW) the Applicant is to pay the costs of the Respondent that were thrown away as a result of amending Development Application No DA451/2025 in the agreed amount of $300.00 to be paid within 28 days of these Orders. (3) Development Application No DA451/2025 for alterations and additions to Unit 4, being Lot 4 in Strata Plan 53107 within the existing residential flat building at 7 Elamang Avenue, Kirribilli, including the construction of planter boxes, new balustrading and handrails, construction of new pergolas (two on Level 5 and one on Level 6), and new wall and glazed doors on south elevation on Level 6, is determined by the grant of development consent subject to Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.16, 4.17, 4.2, 4.5, 8.7, 8.10, 8.15 Land and Environment Court Act 1979 (NSW), ss 17, 34, 39 Environmental Planning and Assessment Regulation 2021 (NSW), ss 23, 38 North Sydney Local Environmental Plan 2013, cll 1.3, 2.3, 2.7, 4.3 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 State Environmental Planning Policy (Resilience and Hazards) 2021 State Environmental Planning Policy (Sustainable Buildings) 2022
Read the full judgment
Authoritative text on NSW Caselaw · ~18k words
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