Emag Apartments Pty Limited v The Council of the City of Sydney [2023] NSWLEC 1392

Land and Environment Court New South Wales

Medium Neutral Citation: Emag Apartments Pty Limited v The Council of the City of Sydney [2023] NSWLEC 1392 Hearing dates: Mention on 4 May 2023 Date of orders: 25 July 2023 Decision date: 25 July 2023 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development application D/2021/304 for alterations and additions to an existing building, including demolition and construction of an 18-storey boarding house, ground floor retail, podium car parking, two levels of basement with pool, ancillary storage, plant, garbage rooms and bicycle parking at 93-105 Quay Street, Haymarket (Lot 2 DP 408335) is determined by the grant of consent subject to the conditions in Annexure A. (3) All exhibits are returned except for Exhibits 1, C and the final architectural plans filed with the Court on 28 April 2022 which are to be retained. Catchwords: DEVELOPMENT APPLICATION: consent sought for substantial demolition of existing building and construction of a twenty-storey boarding house – remitted matter – whether the proposed development exhibits design excellence – appeal upheld Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.15 Environmental Planning and Assessment Regulation 2000, cl 55 Environmental Planning and Assessment Regulation 2021 Land and Environment Court Act 1979, s 56A Sydney Local Environmental Plan 2012, cll 1.8A, 4.6, 6.21 Sydney Local Environmental Plan (Amendment No 64) 2012 Cases Cited: Aloke Holdings Pty Ltd v Council of the City of Sydney [2019] NSWLEC 1177 Emag Apartments Pty Ltd v The Council of the City of Sydney [2022] NSWLEC 1110 Emag Apartments Pty Ltd v The Council of the City of Sydney (No 2) [2022] NSWLEC 1317 Lateral Estate Pty Ltd v The Council of the City of Sydney [2017] NSWLEC 6 The Council of the City of Sydney v Emag Apartments Pty Limited [2023] NSWLEC 23 Toga Penrith Developments Pty Ltd v Penrith City Council [2022] NSWLEC 117 Zhiva Living Dural Pty Ltd v Hornsby Shire Council [2019] NSWLEC 1222 Texts Cited: Sydney Development Control Plan 2012 Category: Principal judgment Parties: EMAG Apartments Pty Limited (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: A Pickles SC (Applicant) J Lazarus SC (Respondent)