Moini Pty Limited v The Council of the City of Sydney [2024] NSWLEC 1486

Land and Environment Court New South Wales

Medium Neutral Citation: Moini Pty Limited v The Council of the City of Sydney [2024] NSWLEC 1486 Hearing dates: Conciliation conference on 1 August 2024 Date of orders: 13 August 2024 Decision date: 13 August 2024 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away by the amendment of the Development Application, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the sum of $9,000.00 to be paid within twenty eight (28) days from the date of these orders. (2) The Applicant's written request, prepared by Minto Planning Services dated 29 April 2024, made pursuant to cl 4.6 of the Sydney Local Environmental Plan 2012 to vary the communal open space control contained within cl 68(d) of the State Environmental Planning Policy (Housing) 2021, is upheld. (3) The appeal is upheld. (4) Development Application No. D/2023/393, as amended, for the demolition of the 2 existing residential dwellings, removal of trees, excavation and construction of a 3 storey co-living housing development within the boundaries of 20 and 22 Forest Street, Forest Lodge, and consolidation with the existing boarding house at 13 and 15 Ross Street, Forest Lodge into a single development site to operate as co-living housing, is determined by the grant of consent subject to the conditions at Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION: co-living housing development in R1 General Residential zone – conciliation conference – agreement between parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Sydney Local Environmental Plan 2012, cll 4.3, 4.4, 4.6, 5.10, 6.21, 7.14, 7.19 State Environmental Planning Policy (Housing) 2021, ss 67, 68, 69 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 6.6, 6.7, 6.8, 6.9, 6.10 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Sydney Development Control Plan 2012 Category: Principal judgment Parties: Moini Pty Limited (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: A (Solicitor) (Applicant) A Singh (Solicitor) (Respondent)