Dexus Funds Management Limited v The Council of the City of Sydney [2023] NSWLEC 1637

Land and Environment Court New South Wales

Medium Neutral Citation: Dexus Funds Management Limited v The Council of the City of Sydney [2023] NSWLEC 1637 Hearing dates: 27 September and 9 October 2023 Date of orders: 27 October 2023 Decision date: 27 October 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application No D/2022/1103 for the installation of a new illuminated top of building sign on the existing building, with dimensions of 2.78m (h) x 11.13m (w) at 25 Martin Place, Sydney is determined by the grant of consent, subject to conditions of consent at Annexure A. (3) All Exhibits are returned, except for Exhibits A, L and N. Catchwords: DEVELOPMENT APPLICATION – building signage – whether sign is a building identification sign – heritage conservation – effect of proposed development on local heritage significance – whether a significant tenant Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Standard Instrument (Local Environmental Plans) Order 2006 State Environmental Planning Policy (Industry and Employment) 2021, Ch 3 ss 3.1 3.2, 3.6, Pt 3.3 ss 3.7, 3.11 3.19, Sch 5 State Environmental Planning Policy (No 64) – Advertising and Signage Sydney Local Environmental Plan 2012, cll 5.10, 6.21C, Sch 5 cll 1, 2, 3, 4, 5 Texts Cited: Australia International Council on Monuments and Sites, The Burra Charter: The Australia ICOMOS Charter for Places of Cultural Significance, October 2013 Sydney Development Control Plan 2012 Sydney Opera House, Utzon Design Principles, May 2002 Category: Principal judgment Parties: Dexus Funds Management Limited (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: T To (Applicant) J Lazarus SC (Respondent)