Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 30:

1. These proceedings arise following an appeal against North Sydney Council's (Council) refusal of development application DA279/22 for the construction of a two-storey residential addition above an existing building used for commercial purposes (development application) at 126-128 Willoughby Road, Crows Nest (Lot 21 in DP 315327) (site).

The proposal

2. The development application, as amended, comprises four apartments in the following configuration:

1) 1 x 1-bedroom apartment with associated balcony space; and

2) 3 x 2-bedroom apartment with associated balcony space.

3. The application also includes the following services:

1) Fire isolated stairway;

2) Lift;

3) Garbage and recycling chute; and

4) Residential bulky item storeroom.

4. Following construction, the development application will result in the creation of a four-storey mixed use development offering:

1) Ground level with 6 commercial car spaces (in a stacked parking arrangement), and retail premises with a mezzanine office.

2) Level 1 containing office floor space.

3) Level 2 including lower levels of 4 x residential apartments.

4) Level 3 including upper levels of 3 x residential apartments.

Contentions

5. The amended statement of facts and conditions filed by the Council on 11 December 2024 (ASOFAC), identifies several issues with the amended proposal. The principal contested issue is the acceptability of the height of the development which is in breach of the 10 m maximum height control in cl 4.3 of North Sydney Local Environmental Plan 2013 (the LEP) and its consequent impact on the existing and desired character of the Willoughby Road precinct.

6. As stated, the Council's position is that the development application does not overcome the jurisdictional hurdle under cl 4.6 of the LEP. The Council argues that the applicant's now - amended cl 4.6 written request, for exception to the height standard has failed to demonstrate that compliance with the standard is unreasonable or unnecessary in the circumstances of the case. The Council maintains that the request fails to advance sufficient environmental planning grounds in this case to justify contravention of the standard. Approval of the proposal as advanced, it also argues, is inconsistent with the objectives of the MU1 Mixed Use zone expressed in the LEP; and, therefore, is not in the public interest.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1971f96abfab27c5f8c67437)

Disclaimer: Curated by HT Syndication.