Mod Urban Pty Ltd v Council of the City of Sydney [2022] NSWLEC 1606

Land and Environment Court New South Wales

Medium Neutral Citation: Mod Urban Pty Ltd v Council of the City of Sydney [2022] NSWLEC 1606 Hearing dates: 6-7 October 2022 Date of orders: 03 November 2022 Decision date: 03 November 2022 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is dismissed. (2) Development application No D/2021/1012 for demolition of existing structures, alterations and additions to existing boarding houses, and the construction of 3 new dwellings and associated works at 148-152 Crown Street, Darlinghurst, is refused. (3) All exhibits are returned, except for Exhibits B, D and 12. Catchwords: DEVELOPMENT APPLICATION: residential development in B4 Mixed Use zone – alterations and additions to existing boarding house – whether exhibits design excellence - effect of the proposed development on heritage conservation area Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.3, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 29, 30 Sydney Local Environmental Plan 2012, cll 4.6, 5.4, 6.21 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 29, 30 Cases Cited: Garry William Parsons & Anor v Hornsby Council [1995] NSWLEC 69 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 SHMH Properties Australia Pty Ltd v City of Sydney Council [2018] NSWLEC 66 Sweeney Pastoral Company v Snowy River Shire Council [1993] NSWLEC 189 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 SHMH Properties Australia Pty Ltd v City of Sydney Council [2018] NSWLEC 66 Sweeney Pastoral Company v Snowy River Shire Council [1993] NSWLEC 189 Garry William Parsons & Anor v Hornsby Council [1995] NSWLEC 69 Texts Cited: Sydney Development Control Plan 2012 Category: Principal judgment Parties: Mod Urban Pty Ltd (Applicant) Council of the City of Council Sydney (Respondent) Representation: Counsel: S Berveling (Applicant) A Singh (Solicitor) (Respondent)