Dexus Property Services Pty Limited v The Council of the City of Sydney [2023] NSWLEC 1321

Land and Environment Court New South Wales

Medium Neutral Citation: Dexus Property Services Pty Limited v The Council of the City of Sydney [2023] NSWLEC 1321 Hearing dates: Conciliation conference on 11 and 30 May 2023 Date of orders: 22 June 2023 Decision date: 22 June 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Court, exercising under s 39(2) of the Land and Environment Court Act 1979 (NSW) the function of the consent authority under s 38(1) of the Environmental Planning and Assessment Regulation 2021, agrees to the Applicant amending development application D/2022/602 filed with the Court on 12 December 2022 by including and substituting (as the circumstances require) the amended plans and documents referred to in Annexure A. (2) The appeal is upheld. (3) Development consent is granted to development application D/2022/602 for the installation of external retractable awnings on level 7 (plaza level) at 25 Martin Place, Sydney, subject to the conditions of consent at "Annexure A". Catchwords: DEVELOPMENT APPLICATION – effect of proposed development on heritage significance – conciliation conference – agreement between parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.16, 8.7 Land and Environment Court Act 1979, s 34 Sydney Local Environmental Plan 2012, cll 5.10, 6.21C, Sch 5 Environmental Planning and Assessment Regulation 2021, s 38 Category: Principal judgment Parties: DEXUS PROPERTY SERVICES PTY LIMITED (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: C Ireland (Applicant) P Canning (Solicitor) (Respondent)