Chan v Council of the City of Sydney [2020] NSWLEC 1294

Land and Environment Court New South Wales

Medium Neutral Citation: Chan v Council of the City of Sydney [2020] NSWLEC 1294 Hearing dates: Conciliation conference on 2 July 2020 Date of orders: 13 July 2020 Decision date: 13 July 2020 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The Applicant is granted leave to rely on the amended plans set out in Annexure 'A'. (2) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the Applicant is to pay the Respondent's costs thrown away in the amount of $5,500.00 within 28 days of the making of these orders. (3) The appeal is upheld. (4) Development consent is granted to development application No. D/2018/1455 for the demolition of the existing building and construction of a new 8 storey hotel containing 36 guest rooms on the property known as 129-131 Bayswater Road, Rushcutters Bay and being all that land comprised in Lot 129 DP 1111169 including demolition works on 1 Bayswater Lane, Darlinghurst being all that land comprised in Lot 100 of DP 714963 subject to the conditions of consent in Annexure 'B'. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Sydney Local Environmental Plan 2012 Category: Principal judgment Parties: Sharon Chan (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: A Whealy (Solicitor) (Applicant) M Flick (Solicitor) (Respondent)