Xinte Investments Pty Ltd v The Council of the City of Sydney [2021] NSWLEC 1620

Land and Environment Court New South Wales

Medium Neutral Citation: Xinte Investments Pty Ltd v The Council of the City of Sydney [2021] NSWLEC 1620 Hearing dates: Conciliation conference on 30 July, 13 September 2021 Date of orders: 22 October 2021 Decision date: 22 October 2021 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 the Applicant is to pay those costs of the Respondent thrown away as agreed or assessed. (2) The appeal is upheld. (3) Development Application No. D/2020/461, for consent to demolish existing structures and construction of a three storey boarding house containing 19-rooms, basement car park, tree removal and associated landscaping works and civil works on land legally described as Lot 1 in DP91298, known as 75-77 Kellick Street, Waterloo, is approved subject to the conditions at Annexure B. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979 s 34 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 26, 29,30, 30A State Environmental Planning Policy (Infrastructure) 2007, cl 45 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, cl 10 State Environmental Planning Policy No 55—Remediation of Land, cl 7 Sydney Local Environmental Plan 2012, cll 2.7, 5.10, 6.21, 7.14, 7.19 Category: Principal judgment Parties: Xinte Investments Pty Ltd (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: E Fleming (Solicitor) (Applicant) A Simpson (Solicitor) (Respondent)