Swanvest Pty Ltd v Council of the City of Sydney [2024] NSWLEC 1339

Land and Environment Court New South Wales

Medium Neutral Citation: Swanvest Pty Ltd v Council of the City of Sydney [2024] NSWLEC 1339 Hearing dates: Conciliation Conference on 9 & 22 May 2024 Date of orders: 19 June 2024 Decision date: 19 June 2024 Jurisdiction: Class 1 Before: Byrne AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application No. D/2023/970, as amended, for alterations and additions to the existing building for a retail premises, including signage at 396 George Street, Sydney, NSW 2000, known as Lot 3 in DP 39023, is determined by the grant of consent subject to the conditions at Annexure A. (3) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $2,000 within 14 days of the date of these orders. Catchwords: DEVELOPMENT APPEAL – alterations and additions to heritage building – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.16, 8.7 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021 State Environmental Planning Policy (Industry and Employment) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021 Sydney Local Environmental Plan 2012 Texts Cited: Sydney Development Control Plan 2012 Category: Principal judgment Parties: Swanvest Pty Ltd (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: J Oldknow (Solicitor) (Applicant) F Garrett (Solicitor) (Respondent)