Politic Pty Limited v Council of the City of Sydney [2009] NSWLEC 1239

Land and Environment Court of New South Wales

CITATION : Politic Pty Limited v Council of the City of Sydney [2009] NSWLEC 1239

APPLICANT Politic Pty Limited PARTIES : RESPONDENT Council of the City of Sydney

FILE NUMBER(S) : 10879 of 2008

CORAM: Moore SC

KEY ISSUES: DEVELOPMENT APPLICATION :-

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

CASES CITED: Zhang v Canterbury City Council [2001] NSWCA 167; (2001) 115 LGERA 373

DATES OF HEARING: 1, 2 and 3 June 2009

EX TEMPORE JUDGMENT DATE : 3 June 2009

APPLICANT Ms S Duggan, barrister INSTRUCTED BY Gadens Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr I Hemmings, barrister INSTRUCTED BY Maddocks Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE SC 3 June 2009 10879 of 2008 Politic Pty Limited v Council of the City of Sydney JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

1 SENIOR COMMISSIONER: The building at 365 George Street is currently known as the Blackett and has had a variety of uses over the years. It is listed on the City of Sydney's heritage database as part of the City's heritage but does not have state-wide heritage recognition. The entry in the heritage database is through a heritage inventory report which describes the building as being associated with three eminent Sydney architects/architectural firms, Edmund Blackett, William Wardell and Robertson & Marks. It continues: "The building occupies a prominent corner site adjacent to the former thriving retail precinct in this part of Sydney centred on the original David Jones building. The scale and level of external detailing, decorative pediments, cornice, incised pattern and string courses on 365 George Street is critical to the streetscape, forming a visual link to other buildings in George Street."