Maygood v City of Sydney Council [2008] NSWLEC 1112

Land and Environment Court of New South Wales

CITATION : Maygood v City of Sydney Council [2008] NSWLEC 1112

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

FILE NUMBER(S) : 11066 of 2007

CORAM: Brown C

KEY ISSUES: Development Application :- overdevelopment - height - bulk - impact on nearby heritage items and Conservation Area - internal amenity - amenity impacts on nearby residences

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 South Sydney Local Environmental Plan 1998

PDP (Darlinghurst Apartments) Pty Limited v City of Sydney Council [2005] NSWLEC 41 CASES CITED: Maygood Australia Pty Limited v City of Sydney Council [2006] NSWLEC 423 Maygood Australia Pty Limited v City of Sydney Council [2007] NSWLEC 157

DATES OF HEARING: 18, 19/02/08, Preliminary findings 12/03/08

DATE OF JUDGMENT: 10 April 2008

APPLICANT Mr P Tomasetti SC SOLICITORS D G Balog & Associates LEGAL REPRESENTATIVES: RESPONDENT Mr A Galasso SC SOLICITORS Maddocks

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

10 April 2008

11066 of 2007 Maygood Australia Pty Limited v City of Sydney Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal of Application No. D/2007/1680 by the City of Sydney Council (the council) for the use of an existing building and construction of additional floor area for a mixed retail, commercial and residential development at 320 Liverpool St., Darlinghurst (the site).