ZQ2 Management Pty Ltd v The Council of the City of Sydney [2021] NSWLEC 1656

Land and Environment Court New South Wales

Medium Neutral Citation: ZQ2 Management Pty Ltd v The Council of the City of Sydney [2021] NSWLEC 1656 Hearing dates: Conciliation conference on 25 August, 10 & 20 September, and 15 October 2021 Date of orders: 2 November 2021 Decision date: 02 November 2021 Jurisdiction: Class 1 Before: Horton 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 the costs of the respondent consent authority that are thrown away as a result of amending the development application, as agreed at $4,000.00. (2) The appeal is upheld. (3) Development Application D/2021/292 for alterations and additions to two existing buildings to construct a three (3) storey mixed use development comprising ground floor commercial tenancies and a boarding house use on the two levels above on land legally comprising of two allotments described as Lot 1 DP 962466, known as 193 King Street, Newtown and Lot 1 DP 448549, known as 195 King Street, Newtown is approved subject to the conditions set out in Annexure "A". Catchwords: DEVELOPMENT APPLICATION – Boarding house development in heritage conservation area – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Affordable Rental Housing) 2009, cl 29, 30, 30A, 49 State Environmental Planning Policy No 55 - Remediation of Land, cl 7 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007, cl 101 Sydney Local Environmental Plan 2012, cll 4.3, 4.4, 5.10, 6.21 Category: Principal judgment Parties: ZQ2 Management Pty Ltd (First Applicant) ZQ3 Management Pty Ltd (Second Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicants) A Simpson (Solicitor) (Respondent)