Crone Nation Pty Ltd v Sydney City Council [2005] NSWLEC 334

Land and Environment Court of New South Wales

CITATION : Crone Nation Pty Ltd v Sydney City Council [2005] NSWLEC 334

APPLICANT Crone Nation Pty Ltd

PARTIES : RESPONDENT Sydney City Council

FILE NUMBER(S) : 10104 of 2005

CORAM: Bly C - Hoffman C

KEY ISSUES: Development Application :- Demolition of existing buildings - economic adaptive re-use - heritage significance - erection of a nine-storey commercial building - appropriate character

Central Sydney Local Environmental Plans 1996 LEGISLATION CITED: City of Sydney Policy for the Management of Laneways in Central Sydney 1993 Sydney Heritage Local Environmental Plan

DATES OF HEARING: 02-04/05/2005

DATE OF JUDGMENT: 07/07/2005

APPLICANT Mr J Webster, SC with Ms H Irish, barrister Instructed by: Ms M Peatman, solicitor of Hunt & Hunt LEGAL REPRESENTATIVES: RESPONDENT Mr M Craig, QC, Instructed by: Ms P Whitford of Maddocks

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C Hoffman C

7 July 2005

10104 of 2005 Crone Nation Pty Ltd v Sydney City Council

JUDGMENT

1 This appeal relates to development application No. D/04/00560 which is for the demolition of two integrated six-storey early 20th century commercial buildings ("the existing building") and the construction of a nine storey building with basement at 405 - 411 Sussex Street, Haymarket. The proposed building is to be used for commercial purposes including offices, shops and restaurants. The basement will provide carparking for 23 cars. 2 The irregular shaped site has an area of 1341 sq m. It has a frontage to Sussex Street (36 m), Little Hay Street (54 m) and Dixon Street (8 m). The two existing building is presently utilised for small retail, warehouse and office tenancies. They were originally used for the joint purposes of manufacturing and warehousing for the Anthony Hordens retail empire. 3 The locality in which the site is situated comprises a mixture of multi-storey buildings having heights up to eight storeys but mainly of three storeys. Like the existing building a number of these buildings have been variously converted from warehouses to retail and commercial tenancies. Statutory provisions 4 The site is situated in the City Centre Zone under the Central Sydney Local Environmental Plan 1996 ("the LEP") and in this zone the proposed building is permissible with development consent. Under cl 52 of the LEP demolition also requires consent. Other relevantly applicable planning instruments are: * Central Sydney Heritage Local Environmental Plan 2000 ("the heritage LEP") * Draft Central Sydney Local Environmental Plan 2002 ("the draft LEP") * City of Sydney Policy for the Management of Laneways in Central Sydney 1993 ("the laneways policy")