Landream Pyrmont Pty Ltd v Council of the City of Sydney [2021] NSWLEC 1245

Land and Environment Court New South Wales

Medium Neutral Citation: Landream Pyrmont Pty Ltd v Council of the City of Sydney [2021] NSWLEC 1245 Hearing dates: 14 and 16 April 2021 Date of orders: 21 May 2021 Decision date: 21 May 2021 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) Leave is granted to the Applicant to rely on the amended plans and supplementary documents referred to in Condition 2 of Annexure A. (2) The Applicant is to pay the Respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 as a result of the amendment to the development application allowed by Order (1) above, as agreed or assessed. (3) The Applicant's written request required under cl 4.6 of the Sydney Local Environmental Plan 2012 for the approval of the development application D/2019/649 in relation to the variation to the 27m height development standard that applies to the land under cl 4.3 of the Sydney Local Environmental Plan 2012 is upheld. (4) The appeal is upheld. (5) Development application D/2019/649 seeking approval of a concept proposal comprising demolition of the existing buildings, removal of trees, and a mixed-use development compromising residential, commercial, childcare and recreational uses at the land at 14-26 Wattle Street, Pyrmont and contained in Lot 200 DP1224234 is approved subject to the conditions set out in Annexure A. (6) All exhibits are returned, except for Exhibits A, C, D, 7, 14 and 15. Catchwords: DEVELOPMENT APPLICATION – Concept development application – mixed use development – consideration of public submissions – voluntary planning agreement – orders Legislation Cited: Architects Act 2003 Environmental Planning and Assessment Act 1979 cl 4.15, 4.16, 4.17, 4.22, 4.23, 4.47, 7.4, 7.7, 8.7 Environmental Planning and Assessment Regulation 2000, cll 50, 70B Land and Environment Court Act 1979 cl 39 State Environmental Plan (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Educational Establishments and Child Care Centres) 2017 State Environmental Planning Policy (Infrastructure) 2007 cll 45, 85, 86, 101, 102, 104 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cll 4, 19, 28 State Regional Environmental Plan (Sydney Harbour Catchment) 2005 Sydney Local Environmental Plan 2012 cll 4.3, 4.6, 6.21, 7.3, 7.4-7.9, 7.14, 7.15