O’Connor v Council of the City of Sydney [2022] NSWLEC 1147

Land and Environment Court New South Wales

Medium Neutral Citation: O'Connor v Council of the City of Sydney [2022] NSWLEC 1147 Hearing dates: Conciliation conference on 16 March 2022 Date of orders: 24 March 2022 Decision date: 24 March 2022 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The Applicant is granted leave to amend Development Application No. D/2021/653 and rely upon the amended plans and documents referred to in Condition 1 of the conditions of consent at Annexure A. (2) The appeal is upheld. (3) Development Application No. D/2021/653 for alterations and additions to an existing boarding house including new development at the rear of the site comprising new boarding rooms and a garage, is approved, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to a boarding house – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, s34 Environmental Planning and Assessment Regulation 2000, cl 55 Environmental Planning and Assessment Regulation 2021, Sch 6 Sydney Local Environmental Plan 2012, cll 5.10, 6.21, 6.21B, 6.21C State Environmental Planning Policy (Affordable Rental Housing) 2009 cll 26, 27, 29, Pt 2 Div 3 State Environmental Planning Policy (Housing) 2021 Sch 7 Category: Principal judgment Parties: John O'Connor (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: V. Conomos (Solicitor) (Applicant) A Simpson (Solicitor) (Respondent)