KX Operations Pty Limited v The Council of the City of Sydney [2021] NSWLEC 1220

Land and Environment Court New South Wales

Medium Neutral Citation: KX Operations Pty Limited v The Council of the City of Sydney [2021] NSWLEC 1220 Hearing dates: Conciliation conference on 9 April 2021 Date of orders: 04 May 2021 Decision date: 04 May 2021 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The appeal is upheld; (2) The Modification Application D/2011/654/A, seeking to modify development consent D/2011/624 in relation to the property at 248A William Street, Potts Point NSW 2011 (Lot 1 DP 701786), is approved and the development consent is modified as set out in the conditions of consent in Annexure A. Catchwords: MODIFICATION APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Sydney Local Environmental Plan 2012 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: KX Operations Pty Limited (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: C McEwen SC (Applicant) M Mallos (Solicitor) (Respondent)

Solicitors: Bulford Legal Pty Limited (Applicant) The Council of the City of Sydney (Respondent) File Number(s): 2020/36467 Publication restriction: No