Boyce v Sydney City Council [2020] NSWLEC 1216

Land and Environment Court New South Wales

Medium Neutral Citation: Boyce v Sydney City Council [2020] NSWLEC 1216 Hearing dates: Conciliation conference on 4 March and 8 May 2020 Date of orders: 15 May 2020 Decision date: 15 May 2020 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court Orders: (1) The Applicant is granted leave to amend Development Application D/2019/1139 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 dfp Planning Consultants and dated 4 February 2020 is upheld and the maximum height of 22.91m to the lift overrun is found to be satisfactory. (3) The appeal is upheld. (4) 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 in the amount of $3,500 payable within 28 days. (5) Development Consent is granted to Development Application D/2019/1139 for the demolition of the existing commercial building and the construction of a new part 5/part 7 storey boarding house with 52 rooms including a caretaker's room at 130 Parramatta Road, Camperdown, NSW 2050 subject to the conditions of consent annexed hereto and marked "A". Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Sydney Local Environmental Plan 2012 Category: Principal judgment Parties: Greg Boyce (Applicant) Sydney City Council (Respondent) Representation: Counsel: M Staunton (Applicant) A Simpson (Solicitor) (Respondent)