Citi 88 Pty Ltd v The Council of the City of Sydney [2019] NSWLEC 1466

Land and Environment Court New South Wales

Medium Neutral Citation: Citi 88 Pty Ltd v The Council of the City of Sydney [2019] NSWLEC 1466 Hearing dates: Conciliation conference on 5 September 2019; 20 September 2019 Date of orders: 02 October 2019 Decision date: 02 October 2019 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders: (1) The applicant is granted leave to rely on the amended architectural plans and material as referred to in condition 1 of the conditions of consent contained at Annexure "A" and the amended clause 4.6 written request at Annexure "B". (2) The Applicant's written request under clause 4.6 of the Sydney Local Environmental Plan 2012, prepared by Mersonn Pty Ltd and dated April 2019 (contained at Annexure "B") for contravention of the maximum height development standard imposed by clause 4.3 of the Sydney Local Environmental Plan 2012 is upheld. (3) The appeal is upheld. (4) Development Application no. D/2018/875 for partial excavation of the site and construction of a five storey commercial building with two basement levels of car parking and associated landscaping works at 86-92 Harris Street, Pyrmont is approved subject to the conditions contained at Annexure "A". Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 55—Remediation of Land Sydney Local Environmental Plan 2012 Category: Principal judgment Parties: Citi 88 Pty Ltd (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: P Bean (Solicitor) (Applicant) A Simpson (Solicitor) (Respondent)