Thiessen Architects v Council of the City of Sydney [2004] NSWLEC 395

Land and Environment Court of New South Wales

CITATION : Thiessen Architects v Council of the City of Sydney [2004] NSWLEC 395 APPLICANT Thiessen Architects PARTIES : RESPONDENT Council of the City of Sydney FILE NUMBER(S) : 10404 of 2004 CORAM: Moore C Development Consent :- KEY ISSUES: Modification application . Environmental Planning and Assessment Act 1979, s 96AA LEGISLATION CITED: Central Sydney Development Control Plan 1996 . Moy v Warringah Shire Council 2004 NSWCCA 77; CASES CITED: Zhang v Canterbury City Council (2001) 115 LGERA 373; Parsonage v Ku-ring-gai 2004 NSWLEC 337 ; . DATES OF HEARING: 15 July 2004 DATE OF JUDGMENT: 07/23/2004

APPLICANT Mr J Strati, solicitor Avendra Singh Strati & Kam

LEGAL REPRESENTATIVES: RESPONDENT Mr D Parry, barrister INSTRUCTED BY Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C

23 July 2004

04/10404 Thiessen Architects v City of Sydney

JUDGMENT 1 COMMISSIONER: This is an appeal pursuant to s 96AA of the Environmental Planning and Assessment Act 1979 seeking a variation to a consent granted by the Court for the construction of a of a new building at 262 Castlereagh Street, Sydney. The modification application had been refused by the Council of the City of Sydney (the council).