Clifton Development Group Pty Ltd v Council of the City of Sydney [2022] NSWLEC 1290

Land and Environment Court New South Wales

Medium Neutral Citation: Clifton Development Group Pty Ltd v Council of the City of Sydney [2022] NSWLEC 1290 Hearing dates: Conciliation conference on 14 June 2022 Date of orders: 17 June 2022 Decision date: 17 June 2022 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The applicant's written request under clause 4.6 of the Sydney Local Environmental Plan 2012 (the LEP) seeking a variation of the development standard for floor space ratio set out in clause 4.4(2) of the LEP is upheld. (2) The appeal is upheld. (3) Development consent is granted to development application D/2021/1129 for the demolition of an existing warehouse building, excavation and construction of a 7-storey commercial office building with ground floor cafe at 9-13 Brisbane Street, Surry Hills, subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.3, 8.7 Environmental Planning and Assessment Regulation 2000, cl 64 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Sydney Local Environmental Plan 2012, cll 1.8A, 4.4, 4.6, 6.21, 7.19, 7.20 Sydney Local Environmental Plan 2012 (Amendment No 64) Cases Cited: Elimatta Pty Ltd v Read [2021] NSWLEC 75 GM Architects Pty Ltd v Strathfield Council [2016] NSWLEC 1216 Initial Action Pty Ltd v Woollahra Council [2018] NSWLEC 118; (2018) 236 LGERA 256 Texts Cited: Sydney Development Control Plan 2012 Category: Principal judgment Parties: Clifton Development Group Pty Ltd (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: A Gadiel (Solicitor) (Applicant) A Singh (Solicitor) (Respondent)