Ng v The Council of the City of Sydney [2022] NSWLEC 1476

Land and Environment Court New South Wales

Medium Neutral Citation: Ng v The Council of the City of Sydney [2022] NSWLEC 1476 Hearing dates: 26 August 2022 Date of orders: 09 September 2022 Decision date: 09 September 2022 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs pursuant to s 8.15(3) of the Environmental Planning and Assessment Act, 1979 in the sum of $10,000.00 within 28 days from the date of these orders. (2) The Appeal is upheld. (3) Development Application No D/2021/819 for the alterations and additions to a commercial development and the use of the site as a bakery and restaurant on land at 32 Burton Street Darlinghurst is approved subject to the conditions in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 South Sydney Local Environmental Plan 1998 State Environmental Planning Policy No 55 - Remediation of Land, cl 7 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Sydney Local Environmental Plan 2012, cll 2.3, 4.3, 4.4, 5.10, 5.21, 6.21C, 7.14, 7.20 Texts Cited: Council of the City of Sydney, Community Participation Plan, 2019 Land and Environment Court of NSW COVID-19 Pandemic Arrangements Policy (April 2021) Sydney Development Control Plan 2012 Category: Principal judgment Parties: Ping Jin Ng (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: E Whitney (Solicitor)(Applicant) A Singh (Solicitor)(Respondent)