Hifu Investment Pty Ltd v The Council of the City of Sydney [2024] NSWLEC 1327

Land and Environment Court New South Wales

Medium Neutral Citation: Hifu Investment Pty Ltd v The Council of the City of Sydney [2024] NSWLEC 1327 Hearing dates: Conciliation conference on 7 June 2024 Date of orders: 17 June 2024 Decision date: 17 June 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The appeal is upheld. (2) Development Consent No. D/2019/900 is modified in the terms set out in Annexure A. (3) Development Consent No. D/2019/900, as modified by the Court, is set out in Annexure B. Catchwords: MODIFICATION APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.9 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, s 113 Sydney Local Environmental Plan 2012 Cases Cited: North Sydney Council v Michael Standley & Associates Pty Ltd (1998) 43 NSWLR 468; [1998] NSWSC 163 Category: Principal judgment Parties: Hifu Investment Pty Ltd (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: L Nurpuri (Applicant) J Mort (Solicitor) (Respondent)

Solicitors: Mills Oakley (Applicant) The Council of the City of Sydney (Respondent) File Number(s): 2023/199973 Publication restriction: No

Judgment 1. COMMISSIONER: These proceedings relate to a modification application with reference number D/2019/900/A under the City of Sydney Council (Council) record system. D/2019/900/A sought consent to modify a deferred commencement consent referenced as D/2019/900. D/2019/900/A was refused by Council on 7 June 2023. Hifu Investment Pty Ltd (applicant) is appealing this determination under s 8.9 of the Environmental Planning and Assessment Act 1979 (EPA Act).