The Trustee For Good Time Holdings NSW Trust v The Council of the City of Sydney [2023] NSWLEC 1572

Land and Environment Court New South Wales

Medium Neutral Citation: The Trustee For Good Time Holdings NSW Trust v The Council of the City of Sydney [2023] NSWLEC 1572 Hearing dates: 19, 20 and 21 September 2023 Date of orders: 29 September 2023 Decision date: 29 September 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 an amended proposal. (2) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the application, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (3) The appeal is dismissed. (4) Development Application No. D/2023/10 for the demolition of existing structures, excavation for three basement levels and construction of a 17-storey hotel development and ancillary uses, including food and drink premises, function centre and recreational areas, at 311-317 Sussex Street, Sydney, is refused. (5) The exhibits, other than Exhibits 7 and A, are returned. Catchwords: DEVELOPMENT APPLICATION – demolition of part of a former warehouse building and construction of a hotel including ancillary uses – insufficient environmental planning grounds to justify the exceedance of the height of buildings development standard – the provisions in the Sydney Development Control Plan 2012 regarding warehouse buildings older than 50 years apply to the existing building notwithstanding that the site is not identified as a local heritage item – the proposal does not conserve the significant elements of the part of the former warehouse on the site Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.7, 8.15 Land and Environment Court Act 1979, s 39 Sydney Local Environmental Plan 2012, cll 4.6, 6.4, 6.21B, 6.21C, Sch 5 Cases Cited: Abrams v The Council of the City of Sydney (No 2) [2018] NSWLEC 85 Cumming v Cumberland Council (No 2) [2021] NSWLEC 117 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Sydney Development Control Plan 2012 Category: Principal judgment Parties: The Trustee For Good Time Holdings NSW Trust (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: A Galasso SC (Applicant) Z Heger (Respondent)