Wilken Coopers Pty Ltd v The Council of the City of Sydney [2023] NSWLEC 1754

Land and Environment Court New South Wales

Medium Neutral Citation: Wilken Coopers Pty Ltd v The Council of the City of Sydney [2023] NSWLEC 1754 Hearing dates: Conciliation conference held on 1 December 2023 Date of orders: 08 December 2023 Decision date: 08 December 2023 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application D/2022/780, which seeks a one-year trial period for extended hours of operation for part of the ground floor of the Coopers Hotel, on Lot 1 Deposited Plan 780078, also known as 221 King Street, Newtown, is determined by the grant of consent, subject to the conditions 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 in the agreed sum of $2,800 within 28 days of the date of these orders. Catchwords: DEVELOPMENT APPLICATION – change in hours to existing development – 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 2021, ss 23, 38 Land and Environment Court Act 1979, s 34 Sydney Local Environmental Plan 2012, cll 2.3, 6.10, 6.21C Texts Cited: Sydney Community Participation Plan 2019 Sydney Development Control Plan 2012 Category: Principal judgment Parties: Wilken Coopers Pty Ltd (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: A Cowper (Solicitor) (Applicant) J Mort (Solicitor) (Respondent)