Oaks Hotels and Resorts (NSW) No 2 Pty Ltd v The Council of the City of Sydney [2011] NSWLEC 1054

Land and Environment Court New South Wales

Medium Neutral Citation: Oaks Hotels and Resorts (NSW) No 2 Pty Ltd v The Council of the City of Sydney [2011] NSWLEC 1054 Hearing dates: 7 & 8 June, 15 July & 14 August 2010, plans submitted 23 August 2010 Decision date: 01 March 2011 Before: Murrell C Decision: 1. The appeal in respect of the property known as 'Maestri Towers' at 298 to 340 Sussex Street and 515 to 519 Kent Street is dismissed. 2. The development application number D/2009/2057 submitted to the City of Sydney Council and as amended for the conversion of 143 apartments, from residential to serviced apartments is refused consent. 3. The exhibits are returned to the parties except Exhibit 1. Catchwords: DEVELOPMENT APPLICATION: Change of use from residential apartments to serviced apartments for 143 of the 334 residential apartments within an existing building known as 'Maestri Towers'.

Conflict with, and impact on amenity of residential apartments in the same building and on the same floors without separate access and facilities; inconsistencies with LEP and DCP and SEPP 65; and precedential effect Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No. 65 Sydney Local Environmental Plan 2005 Central Sydney Development Control Plan 1996 Cases Cited: Botany Bay City Council v Premier Customs Services Pty Ltd [2009] NSWCA 226 Goldin & Anor v Minister for Transport Administering the Ports Corporation and Waterways Management Act 1995 [2002] NSWLEC 75 Jarasius v Forestry Commission of New South Wales (1989) 17 LGRA Jonah Pty Ltd v Pittwater Council [2006] NSWLEC 99 144 LGERA 408 Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 revised - 01/10/2004 The Oaks Hotels & Resorts Pty Ltd v City of Holdfast Bay and Another [2010] SAERDC 16 Zhang v Canterbury City Council [2001] NSWCA 167 Category: Principal judgment Parties: Oaks Hotels and Resorts (NSW) No 2 Pty Ltd (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: Mr T Hale SC (Applicant) Mr J Maston (Barrister) (Applicant) Mr M Baird (Barrister) (Respondent) Solicitors: Minter Ellison (Applicant) The Council of the City of Sydney (Respondent) File Number(s): 10056 of 2010