RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 (06 June 2019) (Gleeson JA at [1]; Payne JA at [2]; and, Preston CJ Of Lec at [9])


Catchwords:


APPEAL – appeal against Land and Environment Court judge’s decision to refuse development application – proposed development contravened height development standard – judge not satisfied cl 4.6 request justified contravention – judge not satisfied development consistent with objectives of standard – whether misdirection as to cl 4.6 and objectives of standard – whether denial of procedural fairness by not giving amber light approach