Bella Ikea Glebe Pty Ltd v The Council of the City of Sydney [2022] NSWLEC 1552

Land and Environment Court New South Wales

Medium Neutral Citation: Bella Ikea Glebe Pty Ltd v The Council of the City of Sydney [2022] NSWLEC 1552 Hearing dates: Conciliation conference held on 12 September 2022, final agreement filed 1 September 2022 Date of orders: 12 October 2022 Decision date: 12 October 2022 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA/2021/1103 and rely on the amended plans and documents listed at Annexure B. (2) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a result of amending the Development Application in the agreed sum of $9,000.00. (3) The appeal is upheld. (4) Consent is granted to Development Application DA/2021/1103 (as amended) for the demolition of the existing building and construction of a new four level boarding house containing 9 boarding rooms and facilities, at 24 Grose Street, Glebe, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – boarding house development – cl 4.6 written request – height of buildings – motorcycle parking – 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 Sydney Local Environmental Plan 2012, cll 4.3, 4.6, 5.10, 6.21, 7.14, 7.15 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 28, 29, 30, 30A Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (February 2022) Category: Principal judgment Parties: Bella Ikea Glebe Pty Ltd (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) A Simpson (Solicitor) (Respondent)