Maxida International Alexandria Property Australia Pty Ltd v City of Sydney Council [2022] NSWLEC 1139

Land and Environment Court New South Wales

Medium Neutral Citation: Maxida International Alexandria Property Australia Pty Ltd v City of Sydney Council [2022] NSWLEC 1139 Hearing dates: 3 March 2022 Date of orders: 23 March 2022 Decision date: 23 March 2022 Jurisdiction: Class 1 Before: Walsh C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Modification application No. D/2016/989/C is approved and D/2016/989/A is modified in the terms in Annexure A. (3) As a consequence of Order (2) above, Development Consent D/2016/989 is now subject to the consolidated modified conditions of development consent set out in Annexure B. (4) All exhibits are retained except for exhibits 8 and H. Catchwords: MODIFICATION APPLICATION – concept development application – mixed use development –strategic community planning and infrastructure provisioning – impacts on amenity enjoyed by Sydney Park users – impacts on Sydney Park natural ecosystems – site suitability – compatibility with nearby 24 hour industrial operations – design excellence Legislation Cited: Civil Procedure Act 2005, s 56 Environmental Planning and Assessment Act 1979, ss 4.15, 4.21, 4.22, 4.24, 4.55, 8.9 Land and Environment Court Act 1979, s 39 Roads Act 1993, s 138 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development State Environmental Planning Policy (Resilience and Hazards) 2021) State Environmental Planning Policy (Transport and Infrastructure) 2021 Sydney Local Environmental Plan 2012, cll 4.4, 6.21, 6.21B, 6.21C Water Management Act 2000, s 90 Cases Cited: Agricultural Equity Investments Pty Ltd v Westlime Pty Ltd (No 3) [2015] NSWLEC 75 Gann & Anor v Sutherland Shire Council [2008] NSWLEC 157 Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298; [1999] NSWLEC 280 North Sydney Council v Michael Standley & Associates (1998) 43 NSWLR 468 Scarf v Shoalhaven City Council [2021] NSWLEC 128 Texts Cited: Apartment Design Guide Sydney Development Control Plan 2012 Category: Principal judgment Parties: Maxida International Alexandria Property Australia Pty Ltd (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: A Galasso SC (Applicant) D Miller SC (Respondent)