The Owners – Strata Plan No 50723 v The Council of the City of Sydney [2022] NSWLEC 1518

Land and Environment Court New South Wales

Medium Neutral Citation: The Owners – Strata Plan No 50723 v The Council of the City of Sydney [2022] NSWLEC 1518 Hearing dates: 21-23 June 2022 Date of orders: 23 September 2022 Decision date: 23 September 2022 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld (2) Development Application DA 2020/235 for alterations and additions to existing commercial building at 84 – 84b Pitt Street Sydney NSW 2000 is determined by the grant of consent, subject to conditions of consent at Annexure A. (3) All exhibits are returned, except for Exhibits A, B, C. Catchwords: DEVELOPMENT APPLICATION – appeal against condition of consent – alterations and additions to existing commercial building – whether proposed development exhibits design excellence – effect on heritage significance of heritage item – pedestrian amenity in City of Sydney Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Sydney Local Environmental Plan 2012, cll 1.8A, 4.4, 5.10, 6.4, 6.21, Dictionary Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2000, cl 55 Texts Cited: National Construction Code Sydney Development Control Plan 2012 Walking Space Guide, Roads and Maritime Services 2020 Category: Principal judgment Parties: The Owners – Strata Plan No 50723 (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: M Staunton (Applicant) A Singh (Solicitor) (Respondent)