Aremob Pty Ltd v The Council of the City of Sydney [2024] NSWLEC 1783

Land and Environment Court New South Wales

Medium Neutral Citation: Aremob Pty Ltd v The Council of the City of Sydney [2024] NSWLEC 1783 Hearing dates: Conciliation Conference on 6 September 2024, 2 October 2024, 18 October 2024 and 6 November 2024; final submissions on13 November 2024 Date of orders: 05 December 2024 Decision date: 05 December 2024 Jurisdiction: Class 1 Before: Macken AC Decision: The Court orders: (1) The appeal is upheld. (2) Development Application D/2023/1109 as amended, for demolition of garage, pool, surrounding garden, removal of 33 trees, transplantation of four trees and retention of 19 trees on the site, and the construction of a new secondary dwelling, excavation for a basement level with garage, lower ground level, swimming pool and associated tree removal and landscaping work at 1 and 1B Wylde Street, Potts Point NSW, legally described as Lots 1 and 3 in DP1053056, is determined by the grant of consent, subject to the conditions set out in Annexure A. (3) The Applicant is to pay those costs of the Respondent thrown away as a result of the amendment of the development as agreed or assessed in accordance with section 8.15(3) of the Environmental Planning and Assessment Act 1979. Catchwords: DEVELOPMENT APPLICATION — conciliation conference — agreement between the parties Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.15, 8.7 Land and Environment Court Act 1979, s 34 Heritage Act 1977, s 60 Environmental Planning and Assessment Regulation 2021, ss 37, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6, ss 2.6, 6.6, 6.7, 6.9 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 Sydney Local Environmental Plan 2012, cll 4.3, 4.4, 5.4, 6.21C, Sch 5 Category: Principal judgment Parties: Aremob Pty Ltd (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: A Gadiel (Solicitor) (Applicant) A Simpson (Solicitor) (Respondent)