Vicente v The Council of the City of Sydney [2021] NSWLEC 1308

Land and Environment Court New South Wales

Medium Neutral Citation: Vicente v The Council of the City of Sydney [2021] NSWLEC 1308 Hearing dates: Conciliation conference on 2 February 2021, 11 March 2021, 26 April 2021 and 7 May 2021. Date of orders: 31 May 2021 Decision date: 31 May 2021 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to development application number D/2020/193 for construction of a concrete in-ground swimming pool and removal of an existing tree in the rear yard at 26 Harold Street, Newtown, in accordance with the amended conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – tree removal –swimming pool – 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 Texts Cited: City of Sydney's Urban Forest Strategy Sydney Development Control Plan 2012 Category: Principal judgment Parties: Cassie Vicente (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: D Parish (Applicant) P Canning (Solicitor) (Respondent)

Solicitors: The Council of the City of Sydney (Respondent) File Number(s): 2020/207087 Publication restriction: Nil

Judgment 1. COMMISSIONER: The Applicant is appealing the deemed refusal of Development Application D/2020/193 (DA) pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act). 2. Pursuant to s 8.11(1) of the EPA Act the Applicant can appeal a deemed refusal 40 day after the DA was lodged with The Council of the City of Sydney (Council) as provided in cl 113 of the Environmental Planning and Assessment Regulation 2000 (EPA Regulations). 3. Pursuant to s 17(d) of the Land and Environment Court Act 1979 (LEC Act) the appeal is classified as Class 1 proceedings. 4. The power to determine the DA appeal is pursuant to s 4.16 of the EPA Act.