Potts Point Project 1 Pty Ltd v The Council of the City of Sydney [2023] NSWLEC 1288

Land and Environment Court New South Wales

Medium Neutral Citation: Potts Point Project 1 Pty Ltd v The Council of the City of Sydney [2023] NSWLEC 1288 Hearing dates: 17 – 18 May 2023 Date of orders: 09 June 2023 Decision date: 09 June 2023 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The Applicant is granted leave to amend the application to rely on the documents listed at Condition 1 of the Conditions of Consent at Annexure A. (2) The appeal is upheld. (3) Development Application No. 2022/319 for the demolition of the existing building and construction of a part six, part four storey residential flat building, at 30A-34 Brougham Street, Potts Point, is determined by the grant of consent, subject to the conditions of consent at Annexure A. (4) The exhibits, other than Exhibits 1 and A, are returned. Catchwords: DEVELOPMENT APPLICATION – amended proposal – no contentions – one disputed condition of consent Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 6.65, 10.10 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cll 4, 28 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Sydney Local Environmental Plan 2012, cll 5.10, 5.21, 6.21B, 6.21C, 7.5, 7.19, Sch 5, Pt 2 Texts Cited: Sydney Development Control Plan 2012 Category: Principal judgment Parties: Potts Point Project 1 Pty Ltd (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: A Galasso SC (Applicant) S Berveling (Respondent)