16 Cope St Pty Ltd v Council of the City of Sydney [2021] NSWLEC 1624

Land and Environment Court New South Wales

Medium Neutral Citation: 16 Cope St Pty Ltd v Council of the City of Sydney [2021] NSWLEC 1624 Hearing dates: Conciliation conference on 16, 20 and 26 August 2021 Date of orders: 20 October 2021 Decision date: 20 October 2021 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Consent No. D/2018/452 is modified in the terms in "Annexure B". (3) Development Consent No. D/2018/452/B as modified by the Court is "Annexure C". (4) The Respondent is to register the Court's Judgment in this matter on the NSW Planning Portal within 14 days from the date of Judgment. Catchwords: MODIFICATION APPLICATION – Boarding house development modification of development application – agreement between the parties – conciliation conference – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.55 Environmental Planning and Assessment Regulation 2000, cl 121B Land and Environment Court Act 1979, s34 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 29, 30, 30A State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55 – Remediation of Land, cl 7 Sydney Local Environmental Plan 2012, cll 4.4, 6.21 Cases Cited: SDHA Pty Ltd v Waverley Council (2015) 209 LGERA 233; [2015] NSWLEC 65 Category: Principal judgment Parties: 16 Cope St Pty Ltd (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) A Singh (Solicitor) (Respondent) File Number(s): 2021/80650 Publication restriction: No