Season Group Pty Ltd v Council of the City of Sydney [2019] NSWLEC 1588

Land and Environment Court New South Wales

Medium Neutral Citation: Season Group Pty Ltd v Council of the City of Sydney [2019] NSWLEC 1588 Hearing dates: Conciliation conference on 22 November 2019 Date of orders: 29 November 2019 Decision date: 29 November 2019 Jurisdiction: Class 1 Before: Smithson C Decision: Proceedings 2019/21707 The Court orders that: (1) The applicant is granted leave to amend the modification application and rely on the documents referred to in conditions 1 and 5 of Annexure "A". (2) The appeal is upheld. (3) The application to modify the development consent D/2015/421 granted by the Land and Environment Court on 2 September 2016 (proceedings 152934 of 2016) is approved subject to the conditions in Annexure "A".

Proceedings 2019/21763 The Court orders that: (1) The applicant is granted leave to amend the development application and rely on: (a) the drawings referred to in condition 1 of Annexure "A", copies of which are behind Annexure "D"; and (b) 'Clause 4.6 — Building Height Development Standard' (September 2019) prepared by Sutherland & Associates Planning. (2) The applicant is to pay the Respondent's costs of $10,000 that were thrown away as a result of the amendment of the application for development consent under section 8.15(3) of the Environmental Planning and Assessment Act 1979 within 28 days of the making of these orders. (3) The applicant's written request under clause 4.6 of the Sydney Local Environmental Plan 2012 (the LEP) seeking a variation of the development control for height of buildings set out in clause 4.3(2) of the LEP is upheld. (4) The appeal is upheld. (5) Development Application D/2018/1314 for alterations and additions to an approved mixed use development (D/2015/421): (a) to convert part of the retained commercial building into four apartments and one live/work apartment; and (b) to change the approved basement including the introduction of car stackers for five additional cars, is approved subject to the conditions set out in Annexure "A". Catchwords: MODIFICATION APPLICATION – mixed use development – conciliation conference – agreement between the parties – orders