Chapman Planning Pty Limited v The Council of the City of Sydney [2022] NSWLEC 1481

Land and Environment Court New South Wales

Medium Neutral Citation: Chapman Planning Pty Limited v The Council of the City of Sydney [2022] NSWLEC 1481 Hearing dates: Conciliation conference on 25 August 2022 Date of orders: 12 September 2022 Decision date: 12 September 2022 Jurisdiction: Class 1 Before: McEwen AC Decision: The Court orders: (1) The appeal is upheld. (2) Development consent no. D/2016/917 for the continued extension of trading hours at 16 O'Connell Street, Sydney, legally described as Lot 1 in SP55932 is modified in the terms set out at Annexure 'A'. (3) Development consent D/2016/917 for the continued extension of trading hours at 16 O'Connell Street, Sydney, legally described as Lot 1 in SP55932 as modified by the Court is set out at Annexure 'B'. Catchwords: MODIFICATION APPLICATION – continued extension of trading hours - conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.15, 4.55, 8.9, 8.10 Environmental Planning & Assessment Regulation 2000, cl 121B Land and Environment Court Act 1979 s 34 Sydney Local Environmental Plan 2012 Cases Cited: North Sydney Council v Michael Standley & Associates Pty Limited (1998) 43 NSWLR 468 Sydney City Council v Ilenace Pty Limited (1984) 3 NSWLR 414 Vacik Pty Limited v Penrith City Council 24 February 1992, unreported Texts Cited: Sydney Development Control Plan 2012 Category: Principal judgment Parties: Chapman Planning Pty Limited (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: A. Adams (Solicitor) (Applicant) A. Singh (Solicitor) (Respondent)