Landcorp Australia Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 174

Land and Environment Court New South Wales

Medium Neutral Citation: Landcorp Australia Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 174 Hearing dates: 11 November 2020 Date of orders: 14 December 2020 Decision date: 14 December 2020 Jurisdiction: Class 1 Before: Duggan J Decision: See paragraphs 130 and 131 Catchwords: ENVIRONMENT AND PLANNING – appeal – development application – whether the development is prohibited development – the sign is a business identification sign – Part 3 of State Environmental Planning Policy No 64 does not apply – the development does not result in a projection higher than the sun access plane – the existing building height is in breach of the height control however the proposed development does not exceed the existing height – the development is not prohibited ENVIRONMENT AND PLANNING – appeal – development application – whether the development should be refused on merit – development satisfies criteria specified in schedule 1 to State Environmental Planning Policy No 64 – compatible with character of the area – heritage significance not diminished to sufficiently adverse extent – development improves quality and amenity of public domain – development displays design excellence – only one sign approved as per section 3.16.5.2(7) of the development control plan Legislation Cited: Environmental Planning and Assessment Act 1979 Interpretation Act 1987 State Environmental Planning Policy No 64 – Advertising and Signage Sydney Local Environmental Plan 2012 Cases Cited: Bunnings Pty Ltd v Auburn Council (2004) 134 LGERA 386 Environment Protection Authority v Grafil Pty Ltd (2019) 101 NSWLR 245 Texts Cited: Macquarie Dictionary Category: Principal judgment Parties: Landcorp Australia Pty Ltd (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: Mr A Galasso SC (Applicant) Ms J Reid (Respondent)