Lin v The Council of the City of Sydney [2024] NSWLEC 1248

Land and Environment Court New South Wales

Medium Neutral Citation: Lin v The Council of the City of Sydney [2024] NSWLEC 1248 Hearing dates: Conciliation conference on 10 May 2024 Date of orders: 15 May 2024 Decision date: 15 May 2024 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) The applicants written request pursuant to cl 4.6 of Sydney Local Environmental Plan 2012 seeking a variation to the development standard for maximum height set out in cl 4.3(2) of Sydney Local Environmental Plan 2012 prepared by Planning Ingenuity dated 21 February 2024 is upheld. (3) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the costs of the Respondent that are thrown away as a result of amending the development application, in the amount of $4,400.00 within 14 days from the date of these orders. (4) Development application number D/2022/1163, as amended, for substantial demolition, alterations and additions to an existing terrace, including ground floor and first floor internal and external alterations, attic dormer and rear roof addition, associated landscape works, tree removal and excavation at the rear of the site for a sub-basement level, garage over and rear lane building above for Lot 1 in Deposited Plan 1282439, commonly known as 439 Liverpool Street, Darlinghurst, is determined by the grant of development consent subject to the conditions in Annexure A. Catchwords: APPEAL – development application – alterations and additions to a terrace – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021 ss 27, 37, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Part 6.2, ss 6.6, 6.7, 6.9 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 Sydney Local Environmental Plan 2012, cll 4.3, 4.4, 4.6, 5.4, 5.10, 6.21C, 7.4 Category: Principal judgment Parties: Tony Lin (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: G Visentin (Solicitor) (Applicant) A Simpson (Solicitor) (Respondent)