Stormac Pty Limited v The Council of the City of Sydney [2024] NSWLEC 1039

Land and Environment Court New South Wales

Medium Neutral Citation: Stormac Pty Limited v The Council of the City of Sydney [2024] NSWLEC 1039 Hearing dates: Conciliation conference on 17 November, 12 December and 21 December 2023, and 17 January 2024 Date of orders: 08 February 2024 Decision date: 08 February 2024 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant's written request pursuant to cl 4.6 of the Sydney Local Environmental Plan 2012 to vary cl 4.4 of the Sydney Local Environmental Plan 2012, prepared by Mecone dated December 2023, is upheld. (2) The appeal is upheld. (3) Development consent is granted to Development Application No D/2023/267 for demolition of existing structures and construction of a 4-storey mixed use building comprising commercial premises and storage premises with parking and loading facilities, signage and landscaping, at 132-138 McEvoy Street, Alexandria, being Lot 2 DP 243107, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION: storage facility and commercial premises in E3 Productivity Support zone – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 4.46, 7.4, 8.7 Land and Environment Court Act 1979 s 34 Water Management Act 2000 Sydney Local Environmental Plan 2012, cll 4.3, 4.4, 4.6, 5.21, 6.13, 6.14, 6.21C, 7.3, 7.6, 7.14, 7.25 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.48, 2.119, 2.122 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 4.6, 4.7 State Environmental Planning Policy (Industry and Employment) 2021, ss 3.1, 3.6, Sch 5 Environmental Planning and Assessment Regulation 2021, s 38 Texts Cited: Sydney Development Control Plan 2012 Category: Principal judgment Parties: Stormac Pty Limited (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: A Stafford (Applicant) P Canning (Solicitor) (Respondent)