The Big Bocconcini Ball Pty Ltd v Council of the City of Sydney [2021] NSWLEC 1449

Land and Environment Court New South Wales

Medium Neutral Citation: The Big Bocconcini Ball Pty Ltd v Council of the City of Sydney [2021] NSWLEC 1449 Hearing dates: Conciliation conference on 25 March, 22 April, 25 May, 21 June and 14 July 2021, final agreement filed 14 July 2021 Date of orders: 6 August 2021 Decision date: 06 August 2021 Jurisdiction: Class 1 Before: Pullinger AC Decision: The orders of the Court are: (1) The Applicant is granted leave to amend development application D/2019/1488 and rely upon the plans and documents listed at Annexure 'B'. (2) The Applicant is to pay the Respondent's costs pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. (3) The appeal is upheld. (4) Consent is granted to development application D/2019/1488 for the demolition of existing structures and construction of a five storey commercial building with ground floor retail and parking at 552-554 Botany Road, Alexandria, subject to the conditions in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – commercial development – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Sydney Local Environmental Plan 2012, cll 4.3, 4.4. 5.1, 5.1A, 5.10, 6.21, 7.1, 7.13, 7.14, 7.15, 7.16 State Environmental Planning Policy No 55—Remediation of Land, cl 7 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: The Big Bocconcini Ball Pty Ltd (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: B Salon (Solicitor) (Applicant) P Canning (Solicitor) (Respondent)