Hong Xu v The Council of the City of Sydney [2022] NSWLEC 1326

Land and Environment Court New South Wales

Medium Neutral Citation: Hong Xu v The Council of the City of Sydney [2022] NSWLEC 1326 Hearing dates: Conciliation held on 20 June 2022 Date of orders: 28 June 2022 Decision date: 28 June 2022 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) The appeal is upheld. (2) The Applicant's written request dated April 2022 to vary the motorcycle parking development standard of clause 30(1)(h) of State Environmental Planning Policy (Affordable Rental Housing) 2009, pursuant to clause 4.6 of the Sydney Local Environmental Plan 2012, is upheld. (3) The Applicant's written request dated 5 October 2021 to vary the floor space ratio development standard of clause 4.4 of the Sydney Local Environmental Plan 2012, pursuant to clause 4.6 of the Sydney Local Environmental Plan 2012, is upheld. (4) Development Application DA/2021/938, as amended, for alterations to an approved boarding house development, to facilitate separate operation of the two buildings, and subdivision of the land into two Torrens title lots on Lot 1 in DP 1257262, also known as 12 Sparkes Street, Camperdown, is determined by the granting of consent subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – Torrens title subdivision – boarding house functionality – non-compliant floor space ratio and motorcycle parking development standards – cl 4.6 written request to vary development standards - conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 8.7 Environmental Planning and Assessment Regulation 2000, cll 49, 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Affordable Rental Housing) 2009, cl 30 Sydney Local Environmental Plan 2012, cll 2.3, 2.6, 4.4, 4.6 Texts Cited: Sydney Development Control Plan 2012 Category: Principal judgment Parties: Hong Xu (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: S Griffiths (Applicant) Singh (Respondent)