187 Kent Pty Limited v Council of the City of Sydney [2007] NSWLEC 88

Land and Environment Court of New South Wales

CITATION : 187 Kent Pty Limited v Council of the City of Sydney [2007] NSWLEC 88

APPLICANT 187 Kent Pty Limited PARTIES : RESPONDENT Council of the City of Sydney

FILE NUMBER(S) : 10576 of 2006

CORAM: Brown C

KEY ISSUES: Development Application :- convertsion of 128 residential units into dual use residential/serviced apartments in part of an existing building - compatibility of uses - amenity impacts

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Sydney Local Environmental Plan 2005

CASES CITED: Renaldo Plus 3 Pty Limited v Hurstville City Council [2005] NSWLEC 315

DATES OF HEARING: 01/02/07

DATE OF JUDGMENT: 2 March 2007

APPLICANT Mr P Rigg, solicitor SOLICITORS Deacons LEGAL REPRESENTATIVES: RESPONDENT Mr S Kondilios, solicitor SOLICITORS Maddocks

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

2 March 2007

10576 of 2006 187 Kent Pty Limited v Council of the City of Sydney

JUDGMENT 1 COMMISSIONER: This an appeal against the refusal by the Council of the City of Sydney (the council) of Development Application D2004/1402 to convert 128 residential units into dual use residential/serviced apartments in part of an existing building at 187 Kent Street, Sydney (the site). Background 2 The building was originally constructed in 1958 and was known as 'Caltex House'. Approval was granted by the council on 13 June 1997 to convert the building into 143 serviced apartments (levels 1 to 8 and known as the 'Stamford Plaza Hotel') and 158 residential units (levels 9 - 27).