Markham Real Estate Partners Pty Ltd ATF M7 Property Trust v Council of the City of Sydney [2024] NSWLEC 1301

Markham Real Estate Partners Pty Ltd ATF M7 Property Trust v Council of the City of Sydney [2024] NSWLEC 1301

The parties have met all jurisdictional prerequisites for development consent and reached an agreement within the statutory framework. The Court is satisfied on jurisdiction and statutory criteria, and therefore required to dispose of proceedings by granting consent to the amended development application, as agreed between the parties.

Parties
Applicant: Markham Real Estate Partners Pty Ltd ATF M7 Property Trust; First Respondent: Council of the City of Sydney; Second Respondent: The Owners of Strata Plan No. 70335
Jurisdiction
Australia
Judgment Date
05 June 2024
Procedural Posture
Class 1 / Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application
Outcome
Appeal upheld; development consent granted subject to conditions and orders for costs.
Legal Topics
Development Application, Designated Development, Heritage, Integrated Development, Coastal Management, Moorage Facilities
Environmental Law Planning Law Development Application Designated Development Heritage Integrated Development Coastal Management Moorage Facilities

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Parties

Markham Real Estate Partners Pty Ltd ATF M7 Property Trust

Applicant

Council of the City of Sydney

First Respondent

The Owners of Strata Plan No. 70335

Second Respondent

Procedural Posture

Class 1 / Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application

Legal Issues

  1. 1 Whether the amended development application satisfies statutory requirements for granting development consent, including planning, environmental, heritage, and integrated development considerations.
  2. 2 Whether jurisdictional prerequisites to the grant of development consent are satisfied.

Ratio Decidendi

The parties have met all jurisdictional prerequisites for development consent and reached an agreement within the statutory framework. The Court is satisfied on jurisdiction and statutory criteria, and therefore required to dispose of proceedings by granting consent to the amended development application, as agreed between the parties.

Court Disposition

Appeal upheld; development consent granted subject to conditions and orders for costs.

Orders

  • The appeal is upheld.
  • Development Consent is granted to Development Application No. D/2022/476 for installation and use of a mooring facility with associated services and access at 23 and 23A Hickson Road, Millers Point, also known as Lots 8 and 9 in Deposited Plan 1018716, subject to the conditions of consent at Annexure A.