Fuqiang Investments Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 1234

Land and Environment Court New South Wales

Medium Neutral Citation: Fuqiang Investments Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 1234 Hearing dates: Conciliation conference on 6 & 25 March 2020; 21 May 2020 Date of orders: 02 June 2020 Decision date: 02 June 2020 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Applicant is granted leave to amend Development Application D/2019/120 and to rely upon the amended plans and documents listed in Condition 1 of Annexure "A" hereto. (2) The Applicant is to pay the Respondent's costs pursuant to Section 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed in the amount of $20,000 payable within 28 days. (3) The appeal is upheld. (4) Development Consent is granted to Development Application D/2019/120 for the partial demolition, excavation and erection of a building with pool and shop ground floor for use as backpacker accommodation at 810-812A George Street Haymarket, NSW 2000 subject to the conditions of consent annexed hereto and marked 'A' and the plans annexed hereto and marked 'B'. Catchwords: DEVELOPMENT APPLICATION – backpackers accommodation – adjacent heritage building – amended plans – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Infrastructure) 2007 Sydney Local Environmental Plan 2012 Category: Principal judgment Parties: Fuqiang Investments Pty Ltd (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: C McEwen SC with S Nash (Applicant) A Pickles SC (Respondent)