DPG Project 56 Pty Ltd v North Sydney Council [2026] NSWLEC 1643
Before: Bilmon AC · NSW Land and Environment Court
Summary
APPEAL — Development Application — conciliation conference — additional s 34 agreement documentation — cl 4.6 variation to storey limitation — agreement between the parties — orders
Catchwords
APPEAL — Development Application — conciliation conference — additional s 34 agreement documentation — cl 4.6 variation to storey limitation — agreement between the parties — orders
Outcome
The orders of the Court are: (1) The Applicant is to pay the Respondent’s costs thrown away under s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW) in the amount of $27,832.00. (2) The appeal is upheld. (3) Development consent is granted to Development Application DA 456/2025, as amended, for demolition of existing buildings and structures and construction of a nine storey residential flat building with three basement levels including 3 affordable housing units, and associated landscaping and tree works at 16, 18 and 18A Watson Street, Neutral Bay (being Lot 1 DP 1001075, Lot 2 DP 100175 and Lot 2 DP 224887) (the Site) subject to the conditions in Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.16, 4.17, 8.7, 8.15 Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2021 (NSW), s 38 North Sydney Local Environmental Plan 2013, cll 2.3, 2.7, 4.6, 5.10, 6.10, 6.12 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6, ss 6.6, 6.7, 6.8, 6.10, 6.11 State Environmental Planning Policy (Housing) 2021, Sch 9, Chs 4, 6, ss 15C, 16, 18, 19, 20, 21, 22, 147, 148, 174, 175, 177, 180 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.48, 2.119
Read the full judgment
Authoritative text on NSW Caselaw · ~23k words
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