State Capital Property Pty Ltd v The Council of the City of Sydney [2023] NSWLEC 1076

Land and Environment Court New South Wales

Medium Neutral Citation: State Capital Property Pty Ltd v The Council of the City of Sydney [2023] NSWLEC 1076 Hearing dates: 30-31 January 2023 Date of orders: 21 February 2023 Decision date: 21 February 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is dismissed. (2) Development Application D/2021/1110 for the change of use of the existing building on the site to mixed use development comprising ground floor commercial premises, and 10 residential units and 3 x dual key above, including alterations and additions, is refused. (3) All exhibits are returned, but for Exhibits A, B, C, D and E. Catchwords: DEVELOPMENT APPLICATION: change of use – residential apartment development – mixed use development – FSR standard is exceeded - heritage conservation area – street frontage height Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Sydney Local Environmental Plan 2012, cll 4.4, 4.6 Cases Cited: RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Bettar v Council of the City of Sydney [2014] NSWLEC 1070 Texts Cited: Sydney Development Control Plan 2012 Category: Principal judgment Parties: State Capital Property Pty Ltd (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: A Pickles SC (Applicant) A Singh (Solicitor) (Respondent)