Jury v The Council of City of Sydney [2023] NSWLEC 1369

Land and Environment Court New South Wales

Medium Neutral Citation: Jury v The Council of City of Sydney [2023] NSWLEC 1369 Hearing dates: Conciliation Conference 21 June 2023 Date of orders: 14 July 2023 Decision date: 14 July 2023 Jurisdiction: Class 1 Before: Porter AC Decision: The Court orders: (1) The appeal is upheld. (2) Development Application No. D/2022/673, as amended, for alterations and additions to the existing residential dwelling, including the construction of a rear two-storey addition, swimming pool, double garage, landscaping, drainage and associated works at 43 Toxteth Road, Glebe, is determined by the grant of development consent subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION – alterations and additions – heritage – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, ss 34, 34AA State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 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, 6.21C, 7.3, 7.4, 7.14 Texts Cited: Sydney Development Control Plan 2012 Category: Principal judgment Parties: Paul Jury (Applicant) The Council of City of Sydney (Respondent) Representation: Counsel: M Staunton (Applicant) A Singh (Solicitor) (Respondent)