CPG Darlinghurst Pty Ltd v The Council of the City of Sydney [2024] NSWLEC 1252

Land and Environment Court New South Wales

Medium Neutral Citation: CPG Darlinghurst Pty Ltd v The Council of the City of Sydney [2024] NSWLEC 1252 Hearing dates: Conciliation conference on 10 May 2024 Date of orders: 16 May 2024 Decision date: 16 May 2024 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders: (1) The Applicant's written request under clause 4.6 of the Sydney Local Environmental Plan 2012 (SLEP) prepared by Ethos Urban, seeking a variation of the development standard for building height set out in clause 4.3 of the SLEP is upheld. (2) The appeal is upheld. (3) Development Application D/2022/831 for the demolition of existing structures and construction of a seven-storey residential flat building comprising 14 apartments with three basement levels, rooftop communal open space, associated landscaping works and vehicle access from Darley Place at 349 Liverpool Street, Darlinghurst NSW 2010 is determined by the grant of development consent, subject to the conditions set out in Annexure "A". (4) The Applicant is to pay the Respondent the sum of $10,000.00 within 28 days from the date of these orders being made in full satisfaction of the following: (a) The costs thrown away as a result of the amendment of the application for development consent pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979; and (b) In satisfaction of the costs payable pursuant to order 6 of the Amended Notice of Motion filed on 13 December, 2023 and made by the Court on 13 December, 2023. Catchwords: APPEAL – development application – residential flat building – 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, 29, 37, 38 State Environmental Planning Policy (Housing) 2021, Ch 4, s 147, Sch 7A, s 8 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 Sydney Local Environmental Plan 2012, cll 4.3, 4.4, 4.6, 5.10, 5.21, 6.21C, 7.4, 7.14, 7.19 Category: Principal judgment Parties: CPG Darlinghurst Pty Ltd (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: A Gadiel (Solicitor) (Applicant) A Singh (Solicitor) (Respondent)