Bettar v Council of the City of Sydney [2020] NSWLEC 1238

Land and Environment Court New South Wales

Medium Neutral Citation: Bettar v Council of the City of Sydney [2020] NSWLEC 1238 Hearing dates: Conciliation conference on 28 May 2020 Date of orders: 02 June 2020 Decision date: 02 June 2020 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The Applicant is granted leave to rely on the amended plans set out in Annexure A. (2) The parties agree that the amendments are minor for the purposes of section 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW). (3) The appeal is upheld. (4) Deferred Commencement Development Consent is granted to development application No. D/2019/903 for alterations and additions to the existing industrial building to provide for new retail shop, including internal changes, construction of two additional levels and carparking on the land known as 3 Reserve Street, Beaconsfield and being all that land comprised in Lot 1 in DP 125106, subject to the conditions of consent in Annexure B. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to industrial building – 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 No 55—Remediation of Land Sydney Local Environmental Plan 2012 Texts Cited: Development Guidelines for Providing Community Infrastructure in Green Square (December 2012) Category: Principal judgment Parties: Paul Bettar (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: C Collett (Solicitor) (Applicant) A Simpson (Solicitor) (Respondent)