Zaxland Holding 1 Pty Ltd v North Sydney Council [2026] NSWLEC 1288
Before: Macken AC · NSW Land and Environment Court
Summary
This is an appeal pursuant to s 4.55(2) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against North Sydney Council’s refusal of the Applicant’s development application (DA) No. DA 15/2025 seeking consent for the demolition of existing structures, site amalgamation and construction of a multi-dwelling housing development, basement parking and associated site works at 524-526 Miller Street, Cammeray, NSW legally known as Lot 88 in DP 1312882 (subject site). The DA was lodge
Catchwords
DEVELOPMENT APPLICATION — conciliation conference — agreement between the parties
Outcome
The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to development application No. DA 15/2025 for the demolition of existing structures, site amalgamation and construction of a multi-dwelling housing development with basement parking and associated site works at 524-526 Miller Street, Cammeray, subject to the conditions set out in Annexure “A”. (3) The Applicant is to pay the Respondent’s costs thrown away as a result of the amendment of the application, pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, in the amount of $4,500.00 payable within 28 days of the date of these orders.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.16, 4.55, 8.15, 8.7 Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2021 (NSW), ss 27, 38, 100 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Pt 6.2, 6.3, Ch 2, 6, ss 6.6, 6.7, 6.9, 6.10, 6.28 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, Sch 1, s 2.1 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.119, 2.120
Read the full judgment
Authoritative text on NSW Caselaw · ~15k words
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