Bettar v Council of the City of Sydney [2019] NSWLEC 1489

Land and Environment Court New South Wales

Medium Neutral Citation: Bettar v Council of the City of Sydney [2019] NSWLEC 1489 Hearing dates: Conciliation conference on 11 September 2019; 4 October 2019 Date of orders: 16 October 2019 Decision date: 16 October 2019 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) The Applicant is granted leave to rely on the amended plans set out in Annexure A. (2) The parties agree that the amendments are minor for the purposes of Section 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW). (3) The appeal is upheld. (4) Development consent is granted to development application No. D/2018/1407 for alterations and additions to the existing warehouse buildings on the site to construct a four storey commercial building on the property known as 17-19 and 21 Dunning Avenue, Rosebery and being all that land comprised in Lots 27 and 28 in DP 192683 and Lot 1 in DP 89963, subject to the conditions of consent in Annexure B. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Paul Bettar (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: T Flaherty (Solicitor) (Applicant) J Mort (Solicitor) (Respondent)

Solicitors: Mills Oakley (Applicant) City of Sydney (Respondent) File Number(s): 2019/10864 Publication restriction: No