STC & Co Pty Ltd (ACN 613 856 518) v City of Sydney Council [2021] NSWLEC 1446

Land and Environment Court New South Wales

Medium Neutral Citation: STC & Co Pty Ltd (ACN 613 856 518) v City of Sydney Council [2021] NSWLEC 1446 Hearing dates: Conciliation conference on 7 June 2021 Date of orders: 4 August 2021 Decision date: 04 August 2021 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The applicant be granted leave to rely on the plans described in condition 1 of annexure 'A'. (2) The Applicant is to pay costs in the amount of $4,000.00 being costs of the consent authority that have been thrown away as a result of the amendment of the application for development consent. (3) The appeal is upheld. (4) Development Application DA2020/917 for the demolition of existing structures, construction of a 5 storey mixed use development containing 1 retail premises, 8 units, communal roof terrace and basement storage and bike parking at 21 Missenden Road, Camperdown is approved subject to the conditions contained at Annexure 'A'. Catchwords: APPEAL – development application – mixed use development – retail use and shop top housing – conciliation conference – agreement reached – consent granted Legislation Cited: Environmental Planning and Assessment Act 1979 ss 8.7, 4.15, 4.16 Environmental Planning and Assessment Regulation 2000 cl 50, Schedule 1 Land and Environment Court Act 1979 s 34 State Environmental Planning Policy No 55 – Remediation of Land cl 7 Texts Cited: City of Sydney Contaminated Land Development Control Plan 2004 Category: Principal judgment Parties: STC & Co Pty Ltd (ACN 613 856 518) (Applicant) City of Sydney Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) M Mallos (Solicitor) (Respondent)