Premier 1 Estate Pty Ltd v North Sydney Council; and ; Premier 3 Estate Pty Ltd v North Sydney Council

Land and Environment Court New South Wales Medium Neutral Citation: Premier 1 Estate Pty Ltd v North Sydney Council; and ; Premier 3 Estate Pty Ltd v North Sydney Council [2015] NSWLEC 1241 Hearing dates:23 and 24 April, 2015Decision date: 01 July 2015 Jurisdiction:Class 1Before: Smithson AC Decision: Appeals are upheld Catchwords: DEVELOPMENT APPLICATIONS – Residential flat buildings, adjoining appeals, shared basement car park, view impacts, bulk and scale, landscaping, transition zone Legislation Cited: Environmental Planning + Assessment Act 1979 North Sydney Local Environmental Plan 2013 Cases Cited: Tenacity Consulting v Warringah Council [2004] NSWLEC 140 Category:Principal judgmentParties: Premier 1 Estate Pty Ltd and Premier 3 Estate Pty Ltd (Applicants) North Sydney Council (Respondent) Representation: Counsel: Mr C McKoewn (Applicant) Solicitors: Gadens Lawyers (Applicant) Ms K Gerarthy – HWL Ebsworth (Respondent) File Number(s):10461 of 2014 and 10724 of 2014JudgmentIntroduction This judgment covers two appeals heard concurrently as they relate to development over two adjoining properties, No’s 1 and 3 Premier Street, Neutral Bay, with related ownership and sharing a single vehicular crossover and basement car park and with common works occurring across the shared side boundary. The appeals are against the refusal by North Sydney Council (the Council and the respondent) under section 97(1) of the Environmental Planning and Assessment Act 1979 of DA 21/2014 and DA 233/2014 for the demolition of existing structures and erection of residential flat buildings with underground parking over the two adjoining properties which comprise the subject site. Specifically, the proposed development involves the construction...