L & G Management Pty Ltd v Council of the City of Sydney [2021] NSWLEC 1084

Land and Environment Court New South Wales

Medium Neutral Citation: L & G Management Pty Ltd v Council of the City of Sydney [2021] NSWLEC 1084 Hearing dates: 23-24 November 2020 Date of orders: 19 February 2021 Decision date: 19 February 2021 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is granted leave to amend the application and rely upon amended plans marked Exhibit A and B. (2) The appeal is dismissed. (3) Development consent for Development Application No. D/2019/517 for the demolition of the southern two-storey portion of an existing part two-storey, part eight-storey building, remediation, construction of a five-storey building on the southern portion containing commercial and retail uses, minor alterations to the remaining eight-storey part of the building on the northern portion and subdivision to create two new lots and a parcel of land 2.4m wide along the site's Botany Road frontage to be dedicated to Council, at 191-195 Botany Road, Waterloo is refused. (4) All exhibits are returned, except for Exhibits C and 1. Catchwords: DEVELOPMENT APPLICATION – Green Square community infrastructure - Statement Environmental Planning Policy (Urban Renewal) 2010 – floor space ratio on subdivided land – exceedance of floor space standard – clause 4.6 – active frontages – dedication of land – voluntary planning agreement Legislation Cited: Environmental Planning and Assessment Act 1979 ss 7.8, 8.7 Land and Environment Court Act 1979 s 39 Sydney Local Environmental Plan 2012 cll 1.2, 4.4, 4.5, 4.6, 6.14, 6.21 Statement Environmental Planning Policy (Urban Renewal) 2010 cll 3, 4, 10 Cases Cited: Anglican Community Services v Blacktown City Council [2020] NSWLEC 1031 Baron Corporation Pty Limited v Council of the City of Sydney (2019) 243 LGERA 338; [2019] NSWLEC 61 Fairfield City Council v N & S Olivieri P/L [2003] NSWCA 41 Marrickville Development No.3 Pty Ltd v Inner West Council [2019] NSWLEC 1132 Matthew Lam v Inner West Council [2017] NSWLEC 1332 Mulpha Norwest Pty Limited v The Hills Shire Council (No 2) [2020] NSWLEC 74 Sanctuary Investments Pty Ltd v Baulkham Hills Shire Council (2006) 153 LGERA 355; [2006] NSWLEC 733 Woollahra Municipal Council v SJD DB2 Pty Limited [2020] NSWLEC 115 Texts Cited: Sydney Development Control Plan 2012 City of Sydney, 'Development Guidelines: Providing Community Infrastructure in Green Square', December 2012 Category: Principal judgment Parties: L & G Management Pty Ltd (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: A Pickles SC (Applicant) N Hammond (Respondent)