Stamford Property Services Pty Ltd v The Council of the City of Sydney [2002] NSWLEC 8

Land and Environment Court of New South Wales

CITATION : Stamford Property Services Pty Ltd v The Council of the City of Sydney [2002] NSWLEC 8 APPLICANT: Stamford Property Services Pty Ltd PARTIES : RESPONDENT: The Council of the City of Sydney FILE NUMBER(S) : 10699 of 2001 CORAM: Bignold J KEY ISSUES: Development Application :- Development appeal-Converting serviced apartments to residential apartments-SEPP No 1 objection in respect of maximum floor space ratio-non-compliance with DCP requirements LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 97Strata Schemes (Freehold Development) Act 1973, s 7(2A) CASES CITED: DATES OF HEARING: 14 and 15 January 2002 DATE OF JUDGMENT: 02/01/2002

APPLICANT: Mr M Tobias, QC with Mr Parry, Barrister SOLICITORS Mallesons Stephen Jaques LEGAL REPRESENTATIVES: RESPONDENT: Mr D Miller, Barrister SOLICITORS Pricewaterhouse Coopers Legal

JUDGMENT:

IN THE LAND AND Matter No. 10699 of 2001 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 1 February 2002

STAMFORD PROPERTY SERVICES PTY LTD

Applicant

v

THE COUNCIL OF THE CITY OF SYDNEY

Respondent

JUDGMENT

Bignold J: A. INTRODUCTION

1. This is an appeal pursuant to the Environmental Planning and Assessment Act 1979 (the EP&A Act) s 97 against the deemed refusal by the Council of the Applicant's development application to convert the use of 143 serviced apartments situate on levels 1 to 8 inclusive of an existing building situate at Nos 167-187 Kent Street Sydney and known as the "Stamford Plaza Hotel" into 128 residential apartments. (In its original form, the application proposed the conversion of the use of the 143 serviced apartments into use as residential apartments of the same number of units. However, following consultation with the Council, the application was amended to reduce the number of proposed residential apartments by combining a number of adjoining existing serviced apartments to form larger apartments resulting in the reduction of units from 143 to 128).