Anglican Church Property Trust v Sydney City Council [2003] NSWLEC 353

> Land and Environment Court of New South Wales

CITATION : Anglican Church Property Trust v Sydney City Council [2003] NSWLEC 353 Anglican Church Property Trust Applicant PARTIES : Sydney City Council Respondent FILE NUMBER(S) : 10822 of 2003 CORAM: Roseth SC - Brown C KEY ISSUES: Development Application :- heritage impact LEGISLATION CITED: CASES CITED: DATES OF HEARING: 24/11/03 to 28/11/03 DATE OF JUDGMENT: 12/22/2003

Applicant: Mr T Hale, SC instructed by Minter Ellison LEGAL REPRESENTATIVES: Respondent: Mr M Craig QC instructed by Maddocks Lawyers

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 10822 of 2003

Roseth SC Brown C 22 December 2003 Anglican Church Property Trust Applicant v Sydney City Council Respondent Judgment

Introduction 1 This is an appeal against the refusal by the Sydney City Council of a development application lodged with South Sydney Council. The area in which the site (118A Darlinghurst Road, Darlinghurst) is located was transferred to the control of the Sydney City Council (the council) after the application was lodged, but before it was determined. The Statement of Environmental Effects accompanying the Development Application (No. U03/00137) describes the proposal as Master Plan and Stage 1 Development of the St Johns Church site (the site).