Pacific Oasis 25 Lachlan St Waterloo Development Pty Ltd v The Council of the City of Sydney [2021] NSWLEC 1689

Land and Environment Court New South Wales

Medium Neutral Citation: Pacific Oasis 25 Lachlan St Waterloo Development Pty Ltd v The Council of the City of Sydney [2021] NSWLEC 1689 Hearing dates: Conciliation conference on 20 September and 20 October 2021 Date of orders: 11 November 2021 Decision date: 11 November 2021 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $9,000 within 28 days of judgment being handed down. (2) The appeal is upheld. (3) Development Consent is granted to DA/2020/1547 for demolition of the existing structures and construction of a shop top housing development at 25 Lachlan Street, Waterloo, subject to conditions contained in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – residential apartment development – residential flat building – conciliation conference – agreement between parties – orders Legislation Cited: Architects Act 2003 Environmental Planning and Assessment Act 1979, ss 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cll 50, 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007, cl 102 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, cll 28, 30 Sydney Local Environmental Plan 2012, cll 4.3, 4.4, 5.21, 6.14, 6.21, 7.14 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide, (July 2015) Category: Principal judgment Parties: Pacific Oasis 25 Lachlan St Waterloo Development Pty Ltd (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) R Bullmore (Solicitor) (Respondent)