Scentre Group Limited v The Council of the City of Sydney [2022] NSWLEC 1101

Land and Environment Court New South Wales

Medium Neutral Citation: Scentre Group Limited v The Council of the City of Sydney [2022] NSWLEC 1101 Hearing dates: 17-18 February 2022 Date of orders: 28 February 2022 Decision date: 28 February 2022 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: 1) The Appeal is upheld. 2) Development Application No. D/2021/670 for alterations and additions to the existing awning, at 65-77 Market Street, Sydney, is approved, subject to the conditions of consent at Annexure A. 3) The exhibits, other than Exhibits A, are returned. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to an awning – local heritage item – impact of the development on the heritage significance of the heritage item Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Land and Environment Court Act 1979, s 34 Sydney Local Environmental Plan 2012, cll 5.10, 6.21, 6.21B, 6.21C, Sch 5 Category: Principal judgment Parties: Scentre Group Limited (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: A. Galasso SC (Applicant) J. Reid (Respondent)

Solicitors: Corrs Chambers Westgarth Lawyers (Applicant) Council of the City of Sydney (Respondent) File Number(s): 2021/223729 Decision under appeal File Number(s): 2021/223729