Dunning Proprietor Pty Ltd v Council of the City of Sydney [2024] NSWLEC 1233

Land and Environment Court New South Wales

Medium Neutral Citation: Dunning Proprietor Pty Ltd v Council of the City of Sydney [2024] NSWLEC 1233 Hearing dates: 5 and 6 March 2024 Date of orders: 07 May 2024 Decision date: 07 May 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The appeal is dismissed. (2) Development Application D/2021/1491 for alterations, additions and adaptive re-use of a heritage building for the purposes of a five-storey commercial building is refused. (3) The exhibits tendered in physical or hard copy form are returned, except Exhibits 2, A, B and H which are retained. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to heritage item – setback of three-storey addition – bulk and scale – whether vertical addition would unreasonably erode prominence of heritage item – whether positive aspects of the proposal are sufficient to mitigate adverse heritage conservation effects Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Sydney Local Environmental Plan 2012, cll 4.3, 4.4, 4.6, 5.10, 6.13, 6.14, 6.21C Texts Cited: Sydney Development Control Plan 2012 International Council on Monuments and Sites (ICOMOS) Burra Charter Category: Principal judgment Parties: Dunning Proprietor Pty Ltd (First Applicant) Robert Gale Macauley (Second Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: A Galasso SC (First and Second Applicants) A Singh (Solicitor) (Respondent)