Robilliard v The Council of the City of Sydney [2023] NSWLEC 1713

Land and Environment Court New South Wales

Medium Neutral Citation: Robilliard v The Council of the City of Sydney [2023] NSWLEC 1713 Hearing dates: Conciliation conference on 17 November 2023 Date of orders: 28 November 2023 Decision date: 28 November 2023 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the application for development consent pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. (2) The appeal is upheld. (3) Development consent is granted to development application D/2022/588 for the internal and external alterations and additions to 364,366,368 and 370 Cleveland Street, Surry Hills, including extensions to the rear of Nos 364, 366, and 368, garage at the rear of Nos 364 and 366, with the continued use of the premises as dwelling houses, subject to the conditions in Annexure marked 'A'. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to existing adjoining terraces – approval for use and new work – conciliation conference – amended plans and additional information – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 6.24, 6.25, 8.15, 8.7 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, s 34 Sydney Local Environmental Plan 2012, cll 5.10, 5.21, 6.21C, Sch 5 Cases Cited: Betohuwisa Investments Pty Ltd v Kiama Municipal Council (2010) 177 LGERA 312; [2010] NSWLEC 223 Texts Cited: Sydney Development Control Plan 2012 Category: Principal judgment Parties: Michael Robilliard (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: S Vatala (Solicitor) (Applicant) A Singh (Solicitor) (Respondent)