Oaks Hotels & Resorts (NSW) No. 2 Pty Ltd v The Council of the City of Sydney [2011] NSWLEC 1049

Land and Environment Court New South Wales

Medium Neutral Citation: Oaks Hotels & Resorts (NSW) No. 2 Pty Ltd v The Council of the City of Sydney [2011] NSWLEC 1049 Hearing dates: 9 June 2010, 23 August 2010 plans filed Decision date: 01 March 2011 Jurisdiction: Class 1 Before: Murrell C Decision: 1. The appeal in respect of the property known as Oaks Harmony at 107 to 121 Quay Street Haymarket is upheld. 2. The development application submitted to the Sydney City Council and as amended and for 49 of 190 residential apartments to be used as serviced apartments is granted a two year time-limited consent, subject to the conditions contained in annexure A. 3. The exhibits are returned to the parties with the exception of exhibits 1, 6, D and E. Catchwords: DEVELOPMENT APPLICATION: conversion of 49 of 190 residential apartments to serviced apartments within an existing building known as 'Harmony".

Conflicts with, and impact of serviced apartments on the amenity for residential apartments in the same building and on the same floors; inconsistencies with LEP, DCP and SEPP 65; and precedential effect. Legislation Cited: Environmental Planning and Assessment Act 1979 Protection of the Environment Operations Act 1997 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 Corporatisation 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 & 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): 10055 of 2010