M&C Property Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 1131

Land and Environment Court New South Wales

Medium Neutral Citation: M&C Property Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 1131 Hearing dates: Conciliation conference on 13 March 2020 Date of orders: 18 March 2020 Decision date: 18 March 2020 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) The Applicant is granted leave to amend Development Application D/2018/503 and to rely upon the amended plans and documents listed in Condition 1 of Annexure A hereto. (2) The clause 4.6 written variation request prepared by Ian Glendinning Planning Pty Ltd and dated 6 December 2019 is upheld and the provision of nil motorcycle parking is found to be satisfactory. (3) The clause 4.6 written variation request prepared by Ian Glendinning Planning Pty Ltd and dated 6 March 2020 is upheld and the height of 22.625m is found to be satisfactory. (4) The appeal is upheld. (5) The Applicant is to pay the Respondent's costs pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or as assessed. (6) Development Consent for Development Application DA2018/503 seeking consent for the partial demolition of existing terraces and construction of a seven storey mixed use building with two commercial tenancies and a 16 room boarding house (including manager) with a communal roof terrace at 93-95 Crown St, Darlinghurst NSW 2010 is granted subject to the conditions of consent annexed hereto and marked A. Catchwords: DEVELOPMENT APPLICATION – boarding house – heritage – height and motorcycle standard noncompliance – clause 4.6 request for variation – 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 2012 Category: Principal judgment Parties: M&C Property Pty Ltd (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: C Sorenson (Solicitor) (Applicant) A Simpson (Solicitor) (Respondent)