222 Botany Road Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 1388

Land and Environment Court New South Wales

Medium Neutral Citation: 222 Botany Road Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 1388 Hearing dates: 5 August 2020 Date of orders: 26 August 2020 Decision date: 26 August 2020 Jurisdiction: Class 1 Before: Bish C Decision: The orders of the Court are as follows: (1) The Court grants leave to rely on amended plans, dated on 4 and 5 August 2020, and the amended Plan of Management, dated 5 August 2020. (2) The appeal is upheld. (3) Development Application D/2019/408 for a change in use from three existing commercial tenancies to two serviced apartments including fit-out modifications on Lot 300 in DP 1173184, also known as 68A McEvoy Street, Alexandria is approved, subject to the conditions of consent shown in Annexure A. (4) The exhibits are returned, except D, E, F, 1, 3 and 6, which are retained. Catchwords: DEVELOPMENT APPLICATION – change in use – conversion of commercial units to serviced apartments – amenity – consistency with residential unit standards Legislation Cited: COVID-19 Legislation Amendment (Emergency Measures) Act 2020 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy No 65 – Designed Quality of Residential Apartment Development Sydney Local Environmental Plan 2012 Texts Cited: Apartment Design Guide 2015 Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy, (March 2020) Sydney Development Control Plan 2012 Category: Principal judgment Parties: 222 Botany Road Pty Ltd (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: I Hemmings SC (Applicant) A Singh (Respondent)