Cade v The Council of the City of Sydney [2021] NSWLEC 1606

Land and Environment Court New South Wales

Medium Neutral Citation: Cade v The Council of the City of Sydney [2021] NSWLEC 1606 Hearing dates: Conciliation conference on 17 September 2021 Date of orders: 14 October 2021 Decision date: 14 October 2021 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development No. DA/2020/127/A is modified in the terms in the conditions of consent at Annexure A and the architectural plans at Annexure B. Catchwords: MODIFICATION APPLICATION – alterations and additions – State heritage item – conditions of consent – conciliation conference – agreement between the parties Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.46, 4.55, 8.9 Environmental Planning and Assessment Regulation 2000 cl 121B Heritage Act 1977 s 58 Land and Environment Court Act 1979 s 34 Sydney Local Environmental Plan 2012 cll 5.10, 6.21 Category: Principal judgment Parties: Bret Cade (First Applicant) Kathryn Cade (Second Applicant) The Council of the City of Sydney (First Respondent) Heritage Council of New South Wales (Second Respondent) Representation: Counsel: Kathryn Cade (Self-represented) (Applicants) A Simpson (Solicitor) (First Respondent) E Ryan (Solicitor) (Second Respondent)

Solicitors: The Council of the City of Sydney (First Respondent) Department of Planning, Industry and Environment (Second Respondent) File Number(s): 2021/165981 Publication restriction: No