McMahon-Ford v The Council of the City of Sydney [2024] NSWLEC 1748

Land and Environment Court New South Wales

Medium Neutral Citation: McMahon-Ford v The Council of the City of Sydney [2024] NSWLEC 1748 Hearing dates: Conciliation Conference on 18 October 2024; final submissions 31 October 2024 Date of orders: 22 November 2024 Decision date: 22 November 2024 Jurisdiction: Class 1 Before: Macken AC Decision: The Court orders: (1) The appeal is upheld. (2) Development Application No. D/2024/443, as amended, for alterations and additions to an existing building including the construction of a basement, studio on top of an existing garage, the addition of solar panels and a rainwater tank at 13 Princess Avenue, Rosebery NSW 2018 is determined by the grant of consent, subject to the conditions set out at Annexure A. Catchwords: DEVELOPMENT APPLICATION — conciliation conference — agreement between the parties Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 2.1 Sydney Local Environmental Plan 2012, cll 4.3, 4.4, 5.21, 6.21C Category: Principal judgment Parties: Anerys McMahon-Ford (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: A Hannam (Applicant) J Mort (Solicitor) (Respondent)