PDP (Darlinghurst Apartments) Pty Limited v City of Sydney Council [2005] NSWLEC 41

Land and Environment Court of New South Wales

CITATION : PDP (Darlinghurst Apartments) Pty Limited v City of Sydney Council [2005] NSWLEC 41

APPLICANT PDP (Darlinghurst Apartments) Pty Limited PARTIES : RESPONDENT City of Sydney Council

FILE NUMBER(S) : 10755 of 2004

CORAM: Talbot J

KEY ISSUES: Development Consent :- principle for applying opinion expressed by Court Appointed Expert - application of terms of DCP not prescriptive - condition requiring restrictive covenant rejected - criticism of the standard of presentation of draft conditions of consent by the parties

Environmental Planning and Assessment Act 1979 s 76A, s 81A(1), s 96 South Sydney Local Environmental Plan 1998 LEGISLATION CITED: South Sydney Development Control Plan South Sydney (Heritage Conservation) Development Control Plan 1998.

DATES OF HEARING: 7/12/2004, 8/12/2004, 9/12/2004, 17/12/2004 (written submissions), 22/12/2004 (written submissions)

DATE OF JUDGMENT: 02/10/2005

APPLICANT Mr M G Craig QC SOLICITORS Mallesons Stephen Jacques LEGAL REPRESENTATIVES:

RESPONDENT Mr A E Galasso (Barrister) SOLICITORS Maddocks

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Talbot J

10 February 2005

10755 of 2004 PDP (Darlinghurst Apartments) Pty Limited v City of Sydney Council

JUDGMENT 1 Talbot J: This appeal is in respect of the respondent Council's refusal of a development application, which proposes the redevelopment and expansion of the former telephone exchange site, situated at 320 Liverpool Street, Darlinghurst for a mixed-use development.