Gobran v The Council of the City of Sydney [2022] NSWLEC 1201

Land and Environment Court New South Wales

Medium Neutral Citation: Gobran v The Council of the City of Sydney [2022] NSWLEC 1201 Hearing dates: Conciliation conference on 5 - 6 April 2022 Date of orders: 19 April 2022 Decision date: 19 April 2022 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld; (2) Development consent is granted to Development Application No D/2021/38 for the demolition and construction of a 2-storey dual occupancy with swimming pools, tree removal, landscaping and associated works including Torrens title subdivision, on land at 41 Asquith Avenue, Rosebery NSW 2018, subject to the conditions of consent contained at Annexure "A". Catchwords: DEVELOPMENT APPEAL – dual occupancy – subdivision – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, cll 2.119, 2.121 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 Sydney Local Environmental Plan 2012, cll 2.1, 2.7, 4.3, 6.21C, 7.14 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Category: Principal judgment Parties: Shaheer Gobran (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: M Hanna (Solicitor) (Applicant) R Bullmore (Solicitor) (Respondent)