Karimbla Constructions Services (NSW) Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 1180

Land and Environment Court New South Wales

Medium Neutral Citation: Karimbla Constructions Services (NSW) Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 1180 Hearing dates: Conciliation conference on 20 February 2020 Date of orders: 24 April 2020 Decision date: 24 April 2020 Jurisdiction: Class 1 Before: O'Neill C Decision: The Court orders that: (1) The Applicant is granted leave to amend the Modification Application to rely on the plans at Annexure B and the Car Park and Loading Dock Management Plan dated 14 March 2020, Revision A, prepared by ARUP Pty Ltd at Annexure C. (2) The appeal is upheld. (3) Modification Application No. D/2018/1276/A to modify Development Consent No. D/2018/1276 to provide a total of 35 car parking spaces on the site, with 30 parking spaces permitted for the hotel and serviced apartment use, 2 parking spaces permitted for the retail use, 2 parking spaces for service vehicles and one loading dock space for a small rigid vehicle, in respect of the property known as 234 Sussex Street, Sydney and being all that land comprised in Lot 21 DP 1250748, is approved, subject to the conditions of consent at Annexure A. Catchwords: MODIFICATION APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Karimbla Constructions Services (NSW) Pty Ltd (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: S Nash (Applicant) A Singh (Solicitor) (Respondent)