Toplace Pty Ltd v Council of the City of Sydney [2020] NSWLEC 1222

Land and Environment Court New South Wales

Medium Neutral Citation: Toplace Pty Ltd v Council of the City of Sydney [2020] NSWLEC 1222 Hearing dates: 8 April 2020 Date of orders: 19 May 2020 Decision date: 19 May 2020 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is dismissed. (2) The modification application to amend the wording of condition 28 of development consent D/2015/624 concerning 67-77 Epsom Road, Rosebery, is refused. (3) The exhibits are returned, except for Exhibits D and 6. Catchwords: APPEAL – modification application – modification to a condition of consent that requires intersection upgrade to be completed prior to any occupation certificate – wording sought to be amended to allow issue of interim occupation certificate – application made pursuant to s 4.55(1A) – the power to modify under s 4.55(1A) can only be exercised if the modification has minimal environmental impact – whether evidence establishes minimal environmental impact Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017 Land and Environment Court Act 1979 Cases Cited: Bechara v Plan Urban Services Pty Ltd (2006) 149 LGERA 41; [2006] NSWLEC 594 Dravin Pty Ltd v Blacktown City Council [2017] NSWLEC 38 Warehouse v Sydney City Council [2007] NSWLEC 25 Category: Principal judgment Parties: Toplace Pty Ltd (Applicant) Council of the City of Sydney (First Respondent) Transport for NSW (Second Respondent) Representation: Counsel: P Tomasetti SC with M Seymour (Applicant) J Lazarus SC (First Respondent) A Hemmings (Second Respondent)