A.P.T. PEDDLE THORP & WALKER PTY LIMITED v. SYDNEY CITY COUNCIL No. 10359 of 1997 [1997] NSWLEC 186 (4 December 1997 [1997] NSWLEC 2

Land and Environment Court of New South Wales

CITATION : A.P.T. PEDDLE THORP & WALKER PTY LIMITED v. SYDNEY CITY COUNCIL No. 10359 of 1997 [1997] NSWLEC 186 (4 December 1997 [1997] NSWLEC 2 PARTIES : A.P.T. PEDDLE THORP & WALKER PTY LIMITED v. SYDNEY CITY COUNCIL FILE NUMBER(S) : 10359 of 1997 CORAM: Bignold J KEY ISSUES: :- Proposed redevelopment and adaptive reuse of a significant heritage building. Impact of proposal on heritage significance. Heritage impact so adverse as to require refusal of development consent. Environmental Planning and Assessment Act 1979 City of Sydney Act 1988 LEGISLATION CITED: Central Sydney Local Environmental Plan 1996 Central Sydney Development Control Plan 1996 Heritage Act 1977 CASES CITED: DATES OF HEARING: 15-18 September 1997 DATE OF JUDGMENT: 12/04/1997

Mr N Hemmings QC LEGAL REPRESENTATIVES: Mr S Austin QC

JUDGMENT:

This is an appeal pursuant to s97 the Environmental Planning and Assessment Act 1979 (the EP&A Act ) against the deemed refusal of the Applicant's development application to convert (by a combination of adaptation and redevelopment) the existing building known as "Transport House" situate at Nos 99-113 Macquarie Street, Sydney but also having a full frontage to Phillip Street (the appeal site) into additional facilities for the existing hotel premises (the Inter-Continental Hotel) situate on adjoining premises known as Nos 117 -119 Macquarie Street and in the same ownership interest as the appeal site, each site having been purchased from the State Government during the 1980's. The Inter-Continental high rise tower was developed in the mid 1980's in association with the restoration and adaptive reuse of the Former Government Treasury buildings. Transport House is an integrated building comprising 5 floors at Macquarie Street and 8 floors at Phillip Street.