Appeal Lodged for Ben Boyd Rd Apartment Development in Neutral Bay

Deemed Refusal Appeal Lodged for Application Seeking 23-Apartment Development on Ben Boyd Road

An appeal was lodged for reconsideration of a proposed boutique apartment development on Ben Boyd Rd in Neutral Bay.

The proposed development seeks to establish 19 three-bedroom and 4 two-bedroom apartments across a six-storey building with two levels of basement car parking at 96-98 Ben Boyd Rd, Neutral Bay.

The planned development would be developer Podia’s second project in Neutral Bay following the 25-apartment “Premier Place” which is already nearing completion.

Artist’s impression
Artist’s impression | Photo Credit: North Sydney Council /

The proposed development will replace the existing two-storey brick home and the four-storey apartment block that sit on the 1,699sqm site. The project is estimated to cost close to $20 million.

The proposal attracted 25 submissions with several concerns raised including overdevelopment, increased traffic, inadequate parking and loss of privacy.

“We believe that they have designed a building that is too large for the site, which is why they are breaching multiple planning controls as well as including car lifts to be able to meet parking requirements. We are also concerned about the design of the eastern facade, that it will impact our privacy, the current structure has significantly less windows facing our property.” A. F.

“There is not adequate parking. 19 x 3 bedroom apartment should have at least 2 parking spaces and the remaining 4 x 2 bedroom apartments need at least 1 parking space and then visitors parking. There is only 39 parking spaces, which isn’t enough. They should have 42 parking spaces, plus 6 visitor parking which one should be and Electric Vehicle Charging Station.” – M. A.

“This is a gross over development of the site provided as even the CGIs (provided as part of DA submission) show how this development will completely “overshadow” all surrounding developments even making the adjoining high-rise towers look insignificant.” – D.M.

The proposal under DA86/22 has not been determined since it was lodged on 25 March 2022. According to Land and Environment Court of NSW, a development application is taken to have been refused if:

  • the development application was lodged with the consent authority
  • a certain period of time has elapsed, and
  • there has been no determination.