Wilson Parking Australia 1992 Pty Limited v Council of the City of Sydney [2011] NSWLEC 1298

Land and Environment Court New South Wales

Medium Neutral Citation: Wilson Parking Australia 1992 Pty Limited v Council of the City of Sydney [2011] NSWLEC 1298 Hearing dates: 17 August 2011 Decision date: 18 October 2011 Jurisdiction: Class 1 Before: Dixon C Decision: (1)Development application D/2008/1863 is refused consent. (2)The appeal is dismissed. (3)The exhibits are returned. Catchwords: Development appeal - new above ground public car park, assessment as to whether the four identified public uses in cl 66(2) City of Sydney Local Environmental Plan 2005 are relevant and, if so, whether the proposed uses are otherwise reasonably and adequately serviced by public transport or existing car parking services Legislation Cited: Land Environment Court Act 1979 Environmental Planning & Assessment Act 1979 Central Sydney Development Control 1996 City of Sydney Local Environmental Plan 2005 Cases Cited: Council of the City of Sydney v Wilson Parking Australia 1992 Pty Ltd [2010] NSWLEC 1204 Council of the City of Sydney v Wilson Parking Australia 1992 Pty Ltd [2011] NSWLEC 97 Walker Corporation Pty Ltd v Sydney Harbour Foreshore Authority (2009) 168 LGERA 1 at [117] Category: Principal judgment Parties: Wilson Parking Australia 1992 Pty Limited (Applicant)

Council of the City of Sydney (Respondent) Representation: Counsel Mr P Clay SC (Applicant)

Mr J Kirk SC (Respondent) Solicitors Allens Arthur Robinson (Applicant)