PCorp Developments Pty Ltd ATF PCorp Investment Trust v the Council of the City of Sydney [2019] NSWLEC 1635

Land and Environment Court New South Wales

Medium Neutral Citation: PCorp Developments Pty Ltd ATF PCorp Investment Trust v the Council of the City of Sydney [2019] NSWLEC 1635 Hearing dates: Conciliation conference on 12 December 2019 Date of orders: 20 December 2019 Decision date: 20 December 2019 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders: (1) The Applicant is granted leave to rely on the amended plans, copies of which are marked Annexure A for the purposes of the development application. (2) The Applicant is to pay the Respondent's costs of $6,000 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 application D/2017/1426 for the demolition of existing building and construction of three storey residential flat building comprising five units at 27 Church Street, Camperdown is approved subject to the conditions in Annexure B. Catchwords: DEVELOPMENT APPLICATION – residential apartment development – SEPP 65 Design quality of residential apartment development – conciliation conference – agreement between the parties – orders Legislation Cited: Architects Act 2003 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 55 – Remediation of Land State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Sydney Local Environmental Plan 2012 Texts Cited: Apartment Design Guide Category: Principal judgment Parties: PCorp Developments Pty Ltd ATF PCorp Investment Trust (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: J Cole (Solicitor) (Applicant) M Flick (Solicitor) (Respondent)