Pearce & Co Constructions Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 1638

Land and Environment Court New South Wales

Medium Neutral Citation: Pearce & Co Constructions Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 1638 Hearing dates: Conciliation conference on 21 October 2020, 30 October 2020 and 2 December 2020 Date of orders: 14 December 2020 Decision date: 14 December 2020 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is granted leave to amend the development application and rely on the amended plans referred to in Condition 1 of Annexure "A" to this agreement. (2) The Applicant is to pay the Respondent's costs "thrown away" as a result of the amendments at order 1 and pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (3) The appeal is upheld. (4) Development Application No. D/2020/51 for the demolition of existing structures, retention of existing facades, excavation, and construction of a mixed use development with basement parking, ancillary landscaping, drainage and associated works in relation to 172 Redfern Street Redfern (Lot 2 DP 550825) and 73-75 Wells Street Redfern (Lot 1 DP 550825 and Lot 5 DP 65267) is approved, subject to the conditions set out in Annexure "A" of this agreement. Catchwords: DEVELOPMENT APPLICATION– residential flat building – Redfern Heritage Conservation area – mixed use development – conciliation conference – agreement between parties – orders Legislation Cited: Architects Act 2003 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Sydney Local Environmental Plan 2012 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Category: Principal judgment Parties: Pearce & Co Constructions Pty Ltd (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: C Shaw (Solicitor) (Applicant) A Simpson (Solicitor) (Respondent)