Petersen Property Pty Ltd ATF Petersen Property Unit Trust v Council of the City of Sydney [2023] NSWLEC 1443

Land and Environment Court New South Wales

Medium Neutral Citation: Petersen Property Pty Ltd ATF Petersen Property Unit Trust v Council of the City of Sydney [2023] NSWLEC 1443 Hearing dates: Conciliation conference on 30 May 2023 Date of orders: 10 August 2023 Decision date: 10 August 2023 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The Applicant is to pay those costs of the Respondent thrown away as a result of the amendment of the application, in the sum of $7,700, within 28 days of the date of these orders. (2) The appeal is upheld. (3) Development Application No D/2022/200 for alterations and addition to a commercial development at 2 Foster Street, Surry Hills, NSW 2010 (legally known as Lot 1 in DP 1186940) as amended, is approved, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to an existing hotel – 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 37 Environmental Planning and Assessment Regulation 2021, s 4.6 Land and Environment Court Act 1979, ss 34, 39 State Environmental Planning Policy Amendment (Land Use Zones) (No 6) 2022 Sydney Local Environmental Plan 2012, cl 1.8A, 4.3, 4.6, 5.10, 6.21C Cases Cited: Cumming v Cumberland Council (No 2) [2021] NSWLEC 117 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Category: Principal judgment Parties: Petersen Property Pty Limited (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: A Whealy (Solicitor) (Applicant) A Singh (Solicitor) (Respondent)