CPG Onslow Pty Ltd v The Council of the City of Sydney [2023] NSWLEC 1489

Land and Environment Court New South Wales

Medium Neutral Citation: CPG Onslow Pty Ltd v The Council of the City of Sydney [2023] NSWLEC 1489 Hearing dates: Conciliation conference on 15 May 2023 Date of orders: 29 August 2023 Decision date: 29 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 that have been thrown away as a result of the amendment of the application, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the agreed amount of $7,000.00 within 28 days from the date of determination. (2) The appeal is upheld. (3) Development Application No. D/2022/456 for the demolition of the existing building and construction of a new residential flat building comprising dwellings and basement levels, at 1 Onslow Place, Elizabeth Bay, is determined by the grant of consent, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – demolition of an existing residential flat building and construction of a new residential flat building – amended application – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.6, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 202, s 38 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Sydney Local Environmental Plan 2012, cll 4.3.4.4, 6.21C Category: Principal judgment Parties: CPG Onslow Pty Ltd (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: A Gadiel (Solicitor) (Applicant) A Singh (Solicitor) (Respondent)