Bettar v Council of the City of Sydney

Land and Environment Court New South Wales Medium Neutral Citation: Bettar v Council of the City of Sydney [2014] NSWLEC 1151 Hearing dates:28 July, 2014Decision date: 29 July 2014 Jurisdiction:Class 1Before: O'Neill C Decision: 1. By consent, the appeal is upheld.2. Development consent is granted to Development Application D/2013/2004 dated 20 December 2013 for alterations and additions to 35-39 Mountain Street, Ultimo for the purposes of residential apartments and ground floor commercial/retail units subject to conditions of consent at Annexure A.3. The exhibits, other than exhibits A and 8, are returned. Catchwords: DEVELOPMENT APPLICATION: consent orders; resident objector. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category:Principal judgmentParties: Mr Paul Bettar (Applicant) Council of the City of Sydney (Respondent) Representation: Ms S. Duggan SC (Applicant) Mr A. Pickles Barrister (Respondent) Conomos Legal (Applicant) Council of the City of Sydney (Respondent) File Number(s):10121 of 2014 JudgmentCOMMISSIONER: This appeal, pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979, comes before the Court for consent orders in relation to Development Application No. D/2013/2004 for the adaptive re-use of a 4 storey former warehouse building to a mixed use residential and commercial building including new levels 5 and 6 (the proposal) at 35-39 Mountain Street, Ultimo (the site).The appeal was subject to mandatory conciliation on 27 March 2014, in accordance with the provisions of s 34 of the Land and Environment Court Act 1979 (LEC Act). As agreement was not reached during...