Barana Properties (No. 7) Pty Ltd v Council of the City of Sydney [2021] NSWLEC 1293

Land and Environment Court New South Wales

Medium Neutral Citation: Barana Properties (No. 7) Pty Ltd v Council of the City of Sydney [2021] NSWLEC 1293 Hearing dates: 5-6 May 2021 Date of orders: 27 May 2021 Decision date: 27 May 2021 Jurisdiction: Class 1 Before: O'Neill C Decision: The Orders of the Court are: (1) The appeal is upheld. (2) Development Consent No. D/2018/1151 for alterations and additions to the existing building is amended, subject to the conditions of consent at Annexure A. (3) The exhibits, other than Exhibits 2, A, B, C and G, are returned. Catchwords: DEVELOPMENT CONSENT – appeal against conditions of consent and proposed additional works – alterations and additions to an existing building – local heritage item – impact on the heritage significance of the item Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Land and Environment Court Act 1979, s 34 Sydney Local Environmental Plan 2012, cll 5.10, 6.21 Texts Cited: The Burra Charter: The Australia ICOMOS Charter for Places of Cultural Significance 2013 Category: Principal judgment Parties: Barana Properties (No. 7) Pty Ltd (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: A Galasso SC (Applicant) Z Heger (Respondent)

Solicitors: Dentons (Applicant) Council of the City of Sydney (Respondent) File Number(s): 2020/83754 Publication restriction: Nil