Redeveloping existing residential flat buildings, clause 4.6 requests and existing use rights

In brief - What developers can learn from the decision in Made Property Group Pty Limited v North Sydney Council [2020] NSWLEC 1332, which highlights, among others, the highly technical requirements a written clause 4.6 request must meet 

A developer sought to rely on existing use rights to replace an inter-war apartment building in Sydney that exceeded the height limit with another apartment building. The developer's appeal against deemed refusal of their application was denied.

This recent decision serves as an important reminder of some principles regarding existing use rights and clause 4.6 requests. Notably:

1. the height, bulk and scale of the existing building does not automatically entitle replacement with a similar building of the same height, bulk and scale