Natale and Greenhalgh v The Council of the City of Sydney [2022] NSWLEC 1556

Land and Environment Court New South Wales

Medium Neutral Citation: Natale and Greenhalgh v The Council of the City of Sydney [2022] NSWLEC 1556 Hearing dates: Conciliation conference on 22 June and 16 August 2022 Date of orders: 13 October 2022 Decision date: 13 October 2022 Jurisdiction: Class 1 Before: Sheridan AC Decision: The Court Orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application No. D/2021/1326 for the partial demolition of the existing building, substantial alterations and additions to the existing building to accommodate commercial office tenancies, construction of a three-storey addition for residential use and new lower basement including basement carparking at 42 Hardie Street, Darlinghurst, subject to the conditions set out in Annexure 'A'. (3) The Applicant is to pay the Respondent's costs thrown away pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 agreed in the sum of $5,000. Catchwords: DEVELOPMENT APPEAL – commercial premises and shop top housing – 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 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Sydney Local Environmental Plan 2012 cll 4.3, 4.4, 5.10, 5.21, 6.21C, 7.14 Cases Cited: Idolbox Pty Ltd v City of Sydney Council [2020] NSWLEC 1213 Category: Principal judgment Parties: Gregory Natale (First Applicant) Jason Greenhalgh (Second Applicant) City of Sydney Council (Respondent) Representation: Counsel: A Whealy (Solicitor) (Applicants) M Flick(Solicitor) (Respondent)