Moini Pty Ltd ATF Newtown Trust v City of Sydney Council [2020] NSWLEC 1096

Land and Environment Court New South Wales

Medium Neutral Citation: Moini Pty Ltd ATF Newtown Trust v City of Sydney Council [2020] NSWLEC 1096 Hearing dates: Conciliation conference on 13 February 2020 Date of orders: 05 March 2020 Decision date: 05 March 2020 Jurisdiction: Class 1 Before: Bindon AC Decision: The Court orders: (1) The Applicant is granted leave to rely on the Amended Remedial Action Plan prepared by Reditus, dated 29 January 2020. (2) The Applicant is granted leave to rely on the Endorsement of Remedial Action Plan prepared by ZOIC, dated 29 January 2020. (3) The appeal is upheld. (4) Development consent is granted to development application No. D/2018/635 to demolish the existing building (excluding front facade) and construction of a three storey boarding house consisting of 24 rooms and ancillary facilities in respect of the property known as 66 Brocks Lane, Newtown and being all that land comprised in Lot B DP 338150, subject to the conditions of consent in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION — boarding house — 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 State Environmental Planning Policy No 55 – Remediation of Land Sydney Local Environmental Plan 2012 Category: Principal judgment Parties: Moini Pty Ltd ATF Newtown Trust (Applicant) City of Sydney Council (Respondent) Representation: Counsel: L Nurpuri (Applicant) N Sandstrom (Solicitor) (Applicant) A Singh (Solicitor) (Respondent)