Bettar v Council of the City of Sydney [2016] NSWLEC 1456

Land and Environment Court New South Wales

Medium Neutral Citation: Bettar v Council of the City of Sydney [2016] NSWLEC 1456 Hearing dates: 12-13 September 2016 Date of orders: 04 October 2016 Decision date: 04 October 2016 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. In accordance with section 97B of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a result of the amendments made to the proposal in exhibit J, as agreed or assessed, within 28 days. 3. Development Application No. D/2015/1829 for a residential flat building consisting of seven storeys and basement parking at 17-19 Dunning Avenue, Rosebery is approved, subject to the conditions of consent at Annexure 'A'. 4. The exhibits, other than exhibits 1, J and L, are returned. Catchwords: DEVELOPMENT APPLICATION: residential flat building; primary building setback; flexible use of ground and first floor levels in a mixed use zone; number of storeys; internal amenity; whether amendments made to the proposal are minor for the purpose of section 97B of the Environmental Planning and Assessment Act 1979. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Futurespace Pty Ltd v Ku-ring-gai Council (2009) 169 LGERA 153 Al Maha Pty Ltd v Marrickville Council [2013] NSWLEC 1072 Arnott v City of Sydney Council [2015] NSWLEC 1052 Category: Principal judgment Parties: Paul Bettar (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: Mr A. Galasso SC (Applicant) Mr I. Hemmings SC (Respondent)