Hosking Munro Pty Ltd v The Council of the City of Sydney [2024] NSWLEC 1040

Land and Environment Court New South Wales

Medium Neutral Citation: Hosking Munro Pty Ltd v The Council of the City of Sydney [2024] NSWLEC 1040 Hearing dates: 13 November 2023 Date of orders: 08 February 2024 Decision date: 08 February 2024 Jurisdiction: Class 1 Before: Harding AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application D/2022/127, as amended, for alterations and additions to a commercial development including the construction of a new outdoor terrace on Level 11 of the Rydges World Square Hotel over an existing through-site link, and creation of a storage area to the Level 3 basement, at Lots 26 and 27 in DP 1115272, otherwise known as 391-395 Pitt Street, Sydney NSW 2000, is determined by the grant of a deferred commencement Development Consent, subject to the conditions set out in Annexure "A" to this judgment. (3) The Exhibits, apart from Exhibits A, B, D and 1, are returned. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to tourist accommodation – through site link – design excellence – hearing. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Sydney Local Environmental Plan 2012, cll 6.5, 6.21, 6.21C Cases Cited: Mod Urban Pty Ltd v Council of the City of Sydney [2022] NSWLEC 1606 Texts Cited: Sydney Development Control Plan 2012 Category: Principal judgment Parties: Hosking Munro Pty Ltd (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: M Seymour SC (Applicant) P Canning (Solicitor) (Respondent)