Tauszik v Council of the City of Sydney [2022] NSWLEC 1337

Land and Environment Court New South Wales

Medium Neutral Citation: Tauszik v Council of the City of Sydney [2022] NSWLEC 1337 Hearing dates: Conciliation conference on 16 March 2022, 8 April 2022, 13 May 2022, 7 and 16 June 2022 Date of orders: 30 June 2022 Decision date: 30 June 2022 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court Orders that: (1) The appeal is upheld. (2) The Clause 4.6 Request by Urban Perspectives filed 16 June 2022 is upheld. (3) Development Application D/2020/20 for the demolition of the existing buildings and construction of a new seven (7) storey mixed use development comprising one basement level, ground floor retail and seven residential apartments above at 503-505 Elizabeth Street Surrey Hills is determined by the grant of consent subject to the conditions set out in Annexure A. (4) The Applicant is to pay the Respondent's costs pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the sum of $5,000 within 28 days. Catchwords: DEVELOPMENT APPLICATION – demolition – 7 storey mixed use – height control – heritage impact –conciliation conference – agreement between the parties – orders Legislation Cited: COVID-19 Legislation Amendment (Emergency Measures – Miscellaneous) Act 2021, Schedule 1, par 1.11 Environment and Planning Assessment Regulation 2000, cll 3, 49, 50, 55 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.56, 8.7, 8.15 Land and Environment Court Act 1979, ss 34, 39 State Environment Planning Policy 55 – Remediation of Land State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, cll 28, 30 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Sydney Local Environmental Plan 2012, cll 2.3(2), 4.3, 4.4, 4.6, 6.21C Cases Cited: Al Maha Pty Ltd v Huajun Investments Pty Limited (2018) 233 LGERA 170; [2018] NSWCA 245 Baron Corporation Pty Ltd v Council of the City of Sydney [2019] NSWLEC 61 Rebel MH Neutral Bay Pty Ltd v North Sydney Council [2019] NSWCA 130 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide, (July 2015) Sydney Development Control Plan 2012 Category: Principal judgment Parties: Anthony John Tauszik (Applicant) City of Sydney Council (Respondent) Representation: Counsel: A Knox (Solicitor) (Applicant) R Bullmore (Solicitor) (Respondent)