Maxida International Alexandria Property Australia Pty Ltd v City of Sydney Council [2022] NSWLEC 1180

Land and Environment Court New South Wales

Medium Neutral Citation: Maxida International Alexandria Property Australia Pty Ltd v City of Sydney Council [2022] NSWLEC 1180 Hearing dates: 24-25 May, 12 July, 20-21 October 2021, final written submission was made on 21 March 2022 Date of orders: 5 April 2022 Decision date: 05 April 2022 Jurisdiction: Class 1 Before: Walsh C Decision: Proceedings 2020/291179 See orders below at [96]. Proceedings 2020/207341 See orders below at [97]. Catchwords: DEVELOPMENT APPLICATIONS – two development applications subject to an approved concept development application – early works development application for demolition, excavation and remediation – detailed design development application for eight mixed use buildings and associated works – 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: Contaminated Land Management Act 1997 Environmental Planning and Assessment Act 1979, ss 4.15, 4.22, 4.24, 4.46, 8.7 Environmental Planning and Assessment Regulation 2021, cl 29 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, cl 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, cll 2.119, 2.121 Sydney Local Environmental Plan 2012, cll 4.3, 4.4, 4.6, 5.21, 6.21, 6.21C Water Management Act 2000 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Maxida International Alexandria Property Australia Pty Ltd v City of Sydney Council [2022] NSWLEC 1139 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Apartment Design Guide NSW Department of Planning, Development near Rail Corridors and Busy Roads - Interim Guideline, (2008) 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)