Haralambis Construction Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 1555

Land and Environment Court New South Wales

Medium Neutral Citation: Haralambis Construction Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 1555 Hearing dates: Conciliation conference on 7 and 18 September and 21 October 2020, final agreement filed 4 November 2020 Date of orders: 12 November 2020 Decision date: 12 November 2020 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to rely on the amended architectural plans prepared by Candalepas Associates and set out in Condition 1 of Annexure A. (2) The Applicant's written request under clause 4.6 of the Sydney Local Environmental Plan 2012, prepared by SJB Planning, dated 1 October 2020, seeking to vary the development standard for floor space ratio under clause 4.4 of the Sydney Local Environmental Plan 2012 is upheld. (3) The appeal is upheld. (4) Development Consent is granted to D/2019/1195 for the demolition of existing structures and construction of a nine storey commercial building, containing ground floor retail accommodation, car parking at basement level and level 1, and office and business accommodation above, at 5-7 Bourke Road, Alexandria, subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION – 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 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy No 64—Advertising and Signage Sydney Local Environmental Plan 2012 Water Management Act 2000 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (July 2020) Sydney Development Control Plan 2012 Category: Principal judgment Parties: Haralambis Construction Pty Ltd (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: J Hones (Solicitor) (Applicant) M Mallos (Solicitor) (Respondent)