Belmont St Pty Ltd v The Council of the City of Sydney [2019] NSWLEC 1474

Land and Environment Court New South Wales

Medium Neutral Citation: Belmont St Pty Ltd v The Council of the City of Sydney [2019] NSWLEC 1474 Hearing dates: Conciliation conference on 8 August 2019; 27 August 2019 Date of orders: 03 October 2019 Decision date: 03 October 2019 Jurisdiction: Class 1 Before: Smithson C Decision: The Court orders: (1) Leave is granted to the Applicant to rely upon the amended plans listed in condition 1(a) in Annexure "A." (2) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the costs of the Respondent that are thrown away as a result of amending the development application in the agreed amount of $2,000.00 within 28 days of the making of final orders in the proceedings. (3) The appeal is upheld. (4) Development Application D/2018/1005 for partial demolition of existing structures, subdivision of 311-313 Belmont Street, Alexandria into two allotments, boundary adjustment of the common boundary between 309 and 311 Belmont Street, Alexandria and alterations and additions to existing buildings resulting in a new dwelling on each of the three new allotments at 309, 311 and 313 Belmont Street, Alexandria is approved subject to the conditions contained in Annexure "A." Catchwords: DEVELOPMENT APPLICATION – alterations and subdivision to create three dwellings – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Sydney Local Environmental Plan 2012 Texts Cited: Sydney Development Control Plan 2012 Category: Principal judgment Parties: Belmont St Pty Ltd (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: A Whealy (Solicitor) (Applicant) M Flick (Solicitor) (Respondent)