W Projects (No. 25) Pty Ltd v The Council of the City of Sydney [2007] NSWLEC 153

Land and Environment Court of New South Wales

CITATION : W Projects (No. 25) Pty Ltd v The Council of the City of Sydney [2007] NSWLEC 153

APPLICANT W Projects (No. 25) Pty Ltd PARTIES : RESPONDENT The Council of the City of Sydney

FILE NUMBER(S) : 11218 of 2006

CORAM: Hoffman C

KEY ISSUES: s 96 Application :- Amendment of consent D2006/01277 for a strata subdivision of commercial building,

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Sydney Local Environmental Plan 2005

DATES OF HEARING: 05/03/2007 and 06/03/2007

EX TEMPORE JUDGMENT DATE : 6 March 2007

APPLICANT Mr. P. Tomasetti, barrister instructed by: Ms J. Hewitt of Home Wilinson Lowry Lawyers LEGAL REPRESENTATIVES:

RESPONDENT Mr S. Kondilios, solicitor of Maddocks

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

6 March 2007

11218 of 2006 W Projects (No. 25) Pty Ltd v The Council of the City of Sydney

JUDGMENT 1 This is a class one appeal No. 11218 of 2006 between W Projects (No. 25) Pty Limited v City of Sydney in regard to conditions of a s 96 application to further amend consent No. D2006/01277 for No. 51-57 Holt Street, Surry Hills. The approval is for strata subdivision of an existing commercial building.

2 Council had approved in 2005 the addition of two floors, one floor with a mezzanine on top of an original building. Those additions have been built. The original building is perhaps 20 years old and was approved originally with a public car park of six half levels in the basement, and at ground floor in the rear are tenants' parking and loading bays. The two car parks have separate drive entries from Holt Street.