278 Palmer St Pty Ltd v The Council of the City of Sydney [2021] NSWLEC 1695

Land and Environment Court New South Wales

Medium Neutral Citation: 278 Palmer St Pty Ltd v The Council of the City of Sydney [2021] NSWLEC 1695 Hearing dates: 13 October 2021 Date of orders: 19 November 2021 Decision date: 19 November 2021 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application D/2020/628 for alterations and additions to an existing two-storey building at 278 Palmer Street, Darlinghurst, subject to conditions in Annexure A. (3) All exhibits are returned, except for A, B, G, K, L and P. Catchwords: DEVELOPMENT APPLICATION – residential apartment development – adaptive reuse – impact on heritage conservation area – residential flat building – State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development – consideration of public submissions Legislation Cited: Architects Act 2003, s 28 Environmental Planning and Assessment Act 1979, ss 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cll 3, 50, 55 State Environmental Planning Policy No 55 – Remediation of Land, cl 7 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, cll 28, 30 Sydney Local Environmental Plan 2012, cll 4.3, 5.10 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide, (July 2015) Category: Principal judgment Parties: 278 Palmer St Pty Ltd (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: A Galasso SC (Applicant) S Berverling (Respondent)