Jasa 1 Pty Ltd v Council of the City of Sydney [2013] NSWLEC 1061

Land and Environment Court New South Wales

Medium Neutral Citation: Jasa 1 Pty Ltd v Council of the City of Sydney [2013] NSWLEC 1061 Hearing dates: 8 April, 2013 Decision date: 12 April 2013 Jurisdiction: Class 1 Before: O'Neill C Decision: Preliminary findings Catchwords: DEVELOPMENT APPLICATION: use of the premises as a licensed bar; surveillance camera at the public entrance to the building; absence of consent from the Owners Corporation for works to the common property. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: The Northern Eruv Incorporated v Ku-ring-gai Council [2012] NSWLEC 249 Goldberg v Waverley [2007] NSWLEC 259 Category: Principal judgment Parties: Jasa 1 Pty Ltd (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel Mr M. Staunton (Applicant) Dr S. Berveling (Respondent) Solicitors Gadens Lawyers (Applicant) Council of the City of Sydney (Respondent) File Number(s): 11053 of 2012

Judgment 1COMMISSIONER: This is an appeal pursuant to the provisions of s97 of the Environmental Planning and Assessment Act 1979 against the refusal of Development Application No. D/2012/1007 for the use of the basement as a licensed bar and function centre (the proposal) by the Council of the City of Sydney (the Council), at 45-47 York Street, Sydney (lot 1 in Strata Plan 42495) (the site). 2The appeal was subject to mandatory conciliation on 6 December 2012, in accordance with the provisions of s34 of the Land and Environment Court Act 1979 (LEC Act). As an agreement was not reached during the conciliation phase, the conciliation conference was terminated on 18 January, 2013, pursuant to s34(4) of the LEC Act. Following amendments made to the proposal during the s34 conciliation phase and leave granted by the Court for the applicant to rely on the amended proposal, there remains one condition of consent in dispute between the parties.