Elizabeth8 Pty Ltd v The Council of the City of Sydney [2019] NSWLEC 1511

Land and Environment Court New South Wales

Medium Neutral Citation: Elizabeth8 Pty Ltd v The Council of the City of Sydney [2019] NSWLEC 1511 Hearing dates: Conciliation conference on 17 October 2019 Date of orders: 31 October 2019 Decision date: 31 October 2019 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) Leave is granted to the Applicant to rely upon the amended plans in Annexure "A". (2) The appeal is upheld. (3) The modification application lodged directly with the Court on 12 November 2018 to modify Development Consent No. D/2015/1693, which the Court granted by way of orders made on 16 December 2016, for the purposes of demolition of existing structures and construction of a 6 storey building containing 39 boarding house rooms, two ground floor retail tenancies and bicycle parking at 202-210 Elizabeth Street, Surry Hills is determined by approving the modifications as set out in Annexure "B". (4) As a consequence of (3) above, Development Consent No D/2015/1693 is now subject to the consolidated, modified conditions of development consent set out in Annexure "C". Catchwords: MODIFICATION 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 (Affordable Rental Housing) 2009 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Sydney Local Environmental Plan 2012 Texts Cited: Sydney Development Control Plan 2013 Category: Principal judgment Parties: Elizabeth8 Pty Ltd (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: K Dennis (Solicitor) (Applicant) K Morrin (Solicitor) (Respondent)