Markham Real Estate Partners Pty Ltd ATF M7 Property Trust v Council of the City of Sydney [2024] NSWLEC 1301

Land and Environment Court New South Wales

Medium Neutral Citation: Markham Real Estate Partners Pty Ltd ATF M7 Property Trust v Council of the City of Sydney [2024] NSWLEC 1301 Hearing dates: Conciliation conference 21 May 2024 Date of orders: 05 June 2024 Decision date: 05 June 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Consent is granted to Development Application No. D/2022/476 for the installation and use of a mooring facility with associated services and access at 23 and 23A Hickson Road, Millers Point, also known as Lots 8 and 9 in Deposited Plan 1018716, subject to the conditions of consent at Annexure A. (3) The applicant is formally allowed to file the plans and documents referred to in Annexure B. (4) The applicant is to pay those costs of the first respondent that have been thrown away as a result of the amendment of the application development consent referred to in the Notation at [36], pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, in the sum of $15,000.00 payable within 28 days from the date of these orders being made. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – designated development – mooring facilities – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Precincts - Eastern Harbour City) 2021 Category: Principal judgment Parties: Markham Real Estate Partners Pty Ltd ATF M7 Property Trust (Applicant) Council of the City of Sydney (First Respondent) The Owners of Strata Plan No. 70335 (Second Respondent) Representation: Counsel: A Hemmings (Applicant) A Simpson (Solicitor) (First Respondent) J Smith (Second Respondent)