Bettar v The Council of the City of Sydney [2022] NSWLEC 1011

Land and Environment Court New South Wales

Medium Neutral Citation: Bettar v The Council of the City of Sydney [2022] NSWLEC 1011 Hearing dates: Conciliation conference on 3 November 2021 Date of orders: 7 January 2022 Decision date: 07 January 2022 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application No. DA/2021/681 for the demolition of existing warehouse buildings and the construction of a residential flat building with basement parking at 17-21 Dunning Avenue, Rosebery (Lots 27 and 28 in Section A, DP 192683, and Lot 1 in DP 89963) is approved, subject to the conditions of consent in Annexure 'A'. (3) The Respondent is to register the development consent granted in relation to Development Application No. DA/2021/681 on the NSW planning portal in accordance with s 4.20(1) of the Environmental Planning and Assessment Act 1979 within 14 days of the date of these orders. (4) The Respondent is to publish a notice of the development consent granted in relation to Development Application No. DA/2021/681 on its website in accordance with cl 124 of the Environmental Planning and Assessment Regulation 2000 within 14 days of the date of these orders. Catchwords: DEVELOPMENT APPLICATION – demolition of existing structures and construction of a residential flat building with basement parking – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 4.20, 8.7 Environmental Planning and Assessment Regulation 2000, cll 55, 124 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy No 55 - Remediation of Land, cl 7 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, Sch 1 Sydney Local Environmental Plan 2012, cll 2.3, 4.3, 4.4, 6.14, 6.21, 7.5, 7.14 Category: Principal judgment Parties: Paul Bettar (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: A Whealy (Solicitor) (Applicant) M Mallos (Solicitor) (Respondent