Ecological Centre Pty Limited v Council of the City of Sydney (No 2) [2011] NSWLEC 1206

Land and Environment Court New South Wales

Medium Neutral Citation: Ecological Centre Pty Limited v Council of the City of Sydney (No 2) [2011] NSWLEC 1206 Hearing dates: 4, 5, 6, 11, 12, 18, 19 and 20 July 2011 Decision date: 20 July 2011 Jurisdiction: Class 1 Before: Moore SC Decision: (1)Pursuant to s 97B(2) of the Environmental Planning and Assessment Act 1979 as relevantly applicable, the applicant is to pay those costs of the consent authority that were incurred in respect of the assessment of, and proceedings relating to, the original development application the subject of the appeal, up to and including 11 July 2011; (2)The appeal is dismissed; (3)Development Application D/2010/1663 for approval of a concept plan for development at 9-15 Bowden Street and 132-138 McEvoy Street, Alexandria is determined by the refusal of development consent. (4)The exhibits, other than Exhibit 1, are returned. Catchwords: Significance of extent of reduction of FSR proposed to be by condition of consent; inappropriate and unacceptable lack of certainty of nature of resultant development if condition imposed Legislation Cited: Environment Planning and Assessment Act 1979 South Sydney Local Environmental Plan 1998 South Sydney Development Control Plan 1997 Cases Cited: Ecological Centre Pty Limited v Council of the City of Sydney (2011) NSWLEC 1203 Category: Principal judgment Parties: Ecological Centre Pty Limited (Applicant)

Council of the City of Sydney (Respondent) Representation: Mr A Galasso SC and Mr R Notley (Applicant)