Maygood Australia Pty Limited v City of Sydney Council [2006] NSWLEC 423

Land and Environment Court of New South Wales

CITATION : Maygood Australia Pty Limited v City of Sydney Council [2006] NSWLEC 423

APPLICANT Maygood Australia Pty Limited PARTIES : RESPONDENT City of Sydney Council

FILE NUMBER(S) : 11561 of 2005

CORAM: Roseth SC - Brown C

KEY ISSUES: Development Application :- alterations and additions to an existing building for a mixed retail, commercial and residential development - appropriateness of design - impact on consevation area - amenity impacts

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: South Sydney Local Environmental Plan 1998 State Environmental Planning Policy No. 65

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

DATES OF HEARING: 3, 4, 5/07/06

DATE OF JUDGMENT: 07/14/2006

APPLICANT Mr P Tomasetti, barrister

LEGAL REPRESENTATIVES: RESPONDENT Mr M Craig QC SOLICITORS Maddocks

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC with Brown C

14 July 2006

11561 of 2005 Maygood Australia Pty Limited v City of Sydney Council

JUDGMENT 1 COMMISSIONERS: This is an appeal against the refusal of Application No. D/2005/01901 by the City of Sydney Council (the council) for the construction of a mixed retail, commercial and residential development at 320 Liverpool St., Darlinghurst (the site).

The site 2 The site has a southern boundary to Liverpool St of 29 m, a western boundary to Little Surrey Street of 38 m and a northern boundary also to Little Surrey Street of 29 m giving a total site area of 1,062 m2. It contains a two storey inter-war Stripped Classical Style building erected in 1926 as the City Eastern Telephone Exchange with a 1930s addition on the eastern side in a similar architectural style. The building is currently vacant and was most recently used as office space.