Paul Ramsay Foundation Limited v The Council of the City of Sydney [2023] NSWLEC 1137

Land and Environment Court New South Wales

Medium Neutral Citation: Paul Ramsay Foundation Limited v The Council of the City of Sydney [2023] NSWLEC 1137 Hearing dates: 15 March 2023 Date of orders: 27 March 2023 Decision date: 27 March 2023 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The appeal is dismissed. (2) Development application no. D/2021/169 for the extension of a previously approved internal lift at 262 Liverpool Street, Darlinghurst is determined by refusal of consent. (3) The exhibits are returned, except for A, 1, 3, 4 and 5. Catchwords: APPEAL – development application – consent sought for the extension of a previously approved internal lift to access a roof terrace– site is listed as an item of local heritage significance and assessed as having State heritage significance – impact of the development on heritage building Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Sydney Local Environmental Plan 2012, cll 4.3, 4.4, 4.6, 5.10, 6.21, 6.21C, Sch 5 Texts Cited: Sydney Development Control Plan 2012 The Burra Charter: The Australia ICOMOS Charter for Places of Cultural Significance 2013 Category: Principal judgment Parties: Paul Ramsay Foundation Limited (Applicant) The Council of the City of Sydney Representation: Counsel: M Seymour (Applicant) N Hammond (Respondent)

Solicitors: Swaab (Applicant) The Council of the City of Sydney (Respondent) File Number(s): 2022/205039 Publication restriction: Nil