L & G Management Pty Ltd v Council of the City of Sydney [2021] NSWLEC 149

Land and Environment Court New South Wales

Medium Neutral Citation: L & G Management Pty Ltd v Council of the City of Sydney [2021] NSWLEC 149 Hearing dates: 25 August 2021 Date of orders: 17 December 2021 Decision date: 17 December 2021 Jurisdiction: Class 1 Before: Duggan J Decision: See paragraph 73 Catchwords: ENVIRONMENT AND PLANNING — Land and Environment Court — s 56A appeal against decision of Commissioner — voluntary offer of dedication of land to obtain bonus floor space ratio — public benefit offer — Green Square community infrastructure — source of power to give effect to a dedication of land absent a voluntary planning agreement — cl 6.14 of Sydney Local Environmental Plan — ss 4.17, 7.4, 7.7 and 7.11 of Environmental Planning and Assessment Act 1979 —appeal dismissed Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) Land and Environment Court Act 1979 (NSW) Sydney Local Environmental Plan 2012 Cases Cited: Fairfield City Council v N & S Olivieri Pty Ltd [2003] NSWCA 41 Fitch v Shoalhaven City Council (1987) 67 LGRA 165 L & G Management Pty Ltd v Council of the City of Sydney [2021] NSWLEC 1084 Lake Macquarie City Council v Hammersmith Management Pty Ltd (2003) 132 LGERA 225 Maitland City Council v Anambah Homes Pty Ltd (2005) 64 NSWLR 695 Sanctuary Investments Pty Ltd v Baulkham Hills Shire Council (2006) 153 LGERA 355 Segal v Waverley Council (2005) 64 NSWLR 177 Category: Principal judgment Parties: L & G Management Pty Ltd (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: A Pickles SC (Applicant) M Wright SC (Respondent)