Emag Apartments Pty Ltd v The Council of the City of Sydney (No 2) [2022] NSWLEC 1317

Land and Environment Court New South Wales

Medium Neutral Citation: Emag Apartments Pty Ltd v The Council of the City of Sydney (No 2) [2022] NSWLEC 1317 Hearing dates: 29-30 November 2021, 1 December 2021 Date of orders: 20 June 2022 Decision date: 20 June 2022 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) By consent the Applicant is to pay the Respondents costs thrown away as a result of amending their development application at the commencement of the hearing pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 as may be agreed or assessed. (3) Development application DA/2021/304 for alterations and additions to an existing building, including demolition and construction of an 18 storey boarding house, ground floor retail, podium car parking, two levels of basement with pool, ancillary storage, plant, garbage rooms and bicycle parking at 93-105 Quay Street, Haymarket (Lot 2 DP 408335) is determined by the grant of consent subject to the conditions in Annexure A. (4) All exhibits are returned except for Exhibits 1, C and the final architectural plans filed with the Court on 28 April 2022 which are to be retained. Catchwords: DEVELOPMENT APPLICATION: substantial demolition of existing building - construction of boarding house - directions made in earlier decision for amended plans – directions complied with – preconditions to the grant of consent met – development acceptable on merit - final orders made. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Environmental Planning and Assessment Regulation 2021 Sydney Local Environmental Plan 2012, cl 6.21C Cases Cited: Emag Apartments Pty Ltd v The Council of the City of Sydney [2022] NSWLEC 1110 Category: Consequential orders Parties: Emag Apartments Pty Ltd (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: A Pickles SC (Applicant) J Reid (Respondent)