Azzurri Group Pty Ltd v Council of the City of Sydney [2021] NSWLEC 1090

Land and Environment Court New South Wales

Medium Neutral Citation: Azzurri Group Pty Ltd v Council of the City of Sydney [2021] NSWLEC 1090 Hearing dates: 3 February 2021 Date of orders: 24 February 2021 Decision date: 24 February 2021 Jurisdiction: Class 1 Before: O'Neill C Decision: The Orders of the Court are: (1) The appeal is upheld. (2) Development Application No. D/2020/325 for alterations and additions, including extending the lift shaft of Building 1 to access the rooftop for maintenance, to the approved commercial development at 40-42 Francis Street, Darlinghurst, is approved, subject to the conditions of consent at Annexure A. (3) The exhibits, other than Exhibits 2, A, G and H, are returned. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to an approved commercial development – contributory building to heritage conservation area – exceedance of the height of buildings development standard Legislation Cited: Environmental Planning and Assessment Act 1979 s 8.7 Land and Environment Court Act 1979 ss 34, 39 Sydney Local Environmental Plan 2012 cll 1.2, 4.3, 4.6, 6.21 Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Category: Principal judgment Parties: Azzurri Group Pty Ltd (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: A Galasso SC (Applicant) A Singh (Solicitor) (Respondent)