Barakate v The Council of the City of Sydney [2024] NSWLEC 1378

Land and Environment Court New South Wales

Medium Neutral Citation: Barakate v The Council of the City of Sydney [2024] NSWLEC 1378 Hearing dates: Conciliation conference 20, 21 May 2024 Date of orders: 09 July 2024 Decision date: 09 July 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application No D/2023/668, as amended, for the construction of a new 3 storey dwelling house, with excavation for a basement level garage, swimming pool and associated tree removal at 22 Martin Road, Centennial Park legally known as Lot 30 in DP 4598, is determined by the grant of consent subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION: new residential dwelling development – conciliation conference – amended plans – agreement reached between the parties – orders made. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, Land and Environment Court Act 1979, ss 34, 34AA Environmental Planning and Assessment Regulation 2021, ss 23, 27 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy No 55 – Remediation of Land Sydney Local Environmental Plan 2012, cll 2.7, 4.4, 4.6, 5.10, 6.21C, 7.14, Sch 5 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Ltd v North Sydney Council [2019] NSWCA 130 Texts Cited: City of Sydney Community Participation Plan 2020 Sydney Development Control Plan 2012 Category: Principal judgment Parties: Michael Barakate (First Applicant) Johanna Barakate (Second Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: M Staunton (First and Second Applicant) P Canning (Solicitor) (Respondent)