LWOS Pty Limited v The Council of the City of Sydney [2021] NSWLEC 1707

Land and Environment Court New South Wales

Medium Neutral Citation: LWOS Pty Limited v The Council of the City of Sydney [2021] NSWLEC 1707 Hearing dates: Conciliation conference on 17 November 2021 Date of orders: 23 November 2021 Decision date: 23 November 2021 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development D/2021/550 for the demolition of existing structures and construction of an attached dual occupancy with attached garages and Torrens title subdivision at 128-130 Belmont Street, Alexandria is approved subject to the conditions of consent in Annexure 'A'. (3) The development consent is registered on the NSW planning portal in accordance with s 4.20(1) of the Environmental Planning and Assessment Act 1979 within 14 days. (4) The notice of the granted of Development Application No. D/2021/550 is published in accordance with clause 124 of the Environmental Planning and Assessment Regulation 2000 (NSW) within 14 days. Catchwords: DEVELOPMENT APPLICATION – Torrens title subdivision – dual occupancy dwellings – compatibility with character and streetscape – amenity Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, ss 34, 34AA State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007, cl 45 Sydney Local Environmental Plan 2012, cll 2.3, 2.6, 5.10, 6.21, 7.14 Texts Cited: Sydney Development Control Plan 2012 Category: Principal judgment Parties: LWOS Pty Limited (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: J Oldknow (Solicitor) (Applicant) R Bullmore (Solicitor) (Respondent)