Toplace Pty Ltd v The Council of the City of Sydney (No 2) [2020] NSWLEC 1650

Land and Environment Court New South Wales

Medium Neutral Citation: Toplace Pty Ltd v The Council of the City of Sydney (No 2) [2020] NSWLEC 1650 Hearing dates: Conciliation conference on 14 December 2020 Date of orders: 14 December 2020 Decision date: 14 December 2020 Jurisdiction: Class 1 Before: Gray C Decision: Proceedings 2020/165316 The Court orders that: (1) The Applicant is granted leave to amend modification application D/2015/624/F so that the modification sought to development consent is reflected in the updated conditions of consent contained at Annexure A to these orders. (2) The appeal is upheld. (3) Modification application D/2015/624/F is approved. (4) As a consequence of order (3) above, the conditions of development consent number D/2015/624, are now those set out at Annexure A. Proceedings 2020/283450 The Court orders that: (1) The Applicant is granted leave to amend modification application D/2008/102/F so that the modification sought to development consent is reflected in the updated conditions of consent contained at Annexure A to these orders. (2) The appeal is upheld. (3) Modification application D/2008/102/F is approved. (4) As a consequence of order (3) above, the conditions of development consent number D/2008/102, are now those set out at Annexure A. Catchwords: MODIFICATION APPLICATION – concept consent – detailed consent – conciliation conference – agreement between the parties – orders Legislation Cited: Civil Procedure Act 2005 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Infrastructure) 2007 Cases Cited: Toplace Pty Ltd v Council of the City of Sydney [2020] NSWLEC 1222 Toplace Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 121 Category: Principal judgment Parties: Proceedings 2020/165316 Toplace Pty Ltd (Applicant) The Council of the City of Sydney (First Respondent) Transport for NSW (Second Respondent) Hifu Investments Pty Ltd (Third Respondent) The Warehouse Pty Ltd (Fourth Respondent)