Construction Development Management Services Pty Ltd v City of Sydney [2023] NSWLEC 1620

Land and Environment Court New South Wales

Medium Neutral Citation: Construction Development Management Services Pty Ltd v City of Sydney [2023] NSWLEC 1620 Hearing dates: 29 September and 3 October 2023 Date of orders: 19 October 2023 Decision date: 19 October 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to development application D/2022/643 for the demolition of all existing site structures and the construction of a residential apartment building with basement levels, including basement parking, a ground floor common room and residential apartments on Lot 1 in DP 75062 known as 41-45 Erskine Street Sydney, subject to conditions of consent at Annexure A. (3) All exhibits are returned except for Exhibits A, B, C. Catchwords: DEVELOPMENT APPLICATION – residential apartment development – residential flat building in SP5 Metropolitan zone – whether apartment design guide is mandatory – whether proposed development exhibits design excellence – Apartment Design Guide – whether public domain interface acceptable Legislation Cited: Architects Act 2003 Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, ss 3, 29 Heritage Act 1977, s 140 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021 State Environmental Planning Policy (Sustainable Buildings) 2022, ss 4.1, 4.2 State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development, cll 28, 30, Sch 1 Sydney Local Environmental Plan 2012, cll 4.3, 4.4, 5.10, 5.21, 6.4, 6.16, 6.21, 6.21A, 6.21B, 6.21C, 6.21D, 6.21E, 7.13, 7.14, Sch 5 Cases Cited: Landmark Group Australia Pty Ltd v Council of the City of Sydney [2019] NSWLEC 1338 Huajun Investments Pty Ltd v City of Canada Bay (no 3) (2019) 240 LGERA 230; [2019] NSWLEC 42 Modog Pty Limited v North Sydney Council [2018] NSWLEC 120 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide, July 2015 Sydney Development Control Plan 2012 Category: Principal judgment Parties: Construction Development Management Services Pty Ltd (Applicant) City of Sydney (Respondent) Representation: Counsel: I Hemmings SC (Applicant) H Irish (Respondent)