Antoniou v City of Sydney Council [2019] NSWLEC 1629

Land and Environment Court New South Wales

Medium Neutral Citation: Antoniou v City of Sydney Council [2019] NSWLEC 1629 Hearing dates: Conciliation conference on 14 November 2019 Date of orders: 18 December 2019 Decision date: 18 December 2019 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders: (1) Leave is granted to the Applicant to rely on the amended architectural plans set out in condition 1(a) of Schedule 1A of Annexure A. (2) The Applicant is to pay the Respondent's costs of $5,000 including GST that were thrown away as a result of the amendment of the application for development consent under s 8.15(3) of the Environmental Planning and Assessment Act 1979 within 28 days of the making of these orders. (3) The appeal is upheld. (4) Development consent is granted to Development Application No D/2018/1541 for the demolition of all existing structures and construction of a hotel on Lot D in DP 43824 and Lot Y in DP 441681, known as 4 and 6-8 Garden Street, Alexandria subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION – hotel accommodation – 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: George Antoniou (Applicant) City of Sydney Council (Respondent) Representation: Counsel: M Staunton (Applicant) R Bullmore (Solicitor) (Respondent)