Woolloomooloo Nominees Pty Ltd v Council of the City of Sydney [2012] NSWLEC 1196

Land and Environment Court New South Wales

Medium Neutral Citation: Woolloomooloo Nominees Pty Ltd v Council of the City of Sydney [2012] NSWLEC 1196 Hearing dates: 26-28 June 2012 Decision date: 24 July 2012 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Development Application No D/2011/1709 for a rooftop addition to the Woolloomooloo Bay Hotel at 2 Bourke Street, Woolloomooloo, is approved, subject to the conditions in Annexure A and the Plan of Management in Annexure B. 3. The exhibits are returned, except for exhibits 4, 7, 8, 9, 10, 11, A, B, C, M, L and O. Catchwords: DEVELOPMENT APPLICATION: rooftop addition to hotel, heritage item, heritage conservation area, impact on heritage significance, height and FSR breaches; acoustic impacts, operating hours. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Terrace Tower Holdings Pty Ltd v Sutherland Shire Council (2003) NSWCA Category: Principal judgment Parties: Woolloomooloo Nominees Pty Limited (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel Mr Philip Clay SC (Applicant) Mr Ian Hemmings (Barrister) (Respondent) Solicitors Gadens Lawyers (Applicant) Council of the City of Sydney (Respondent) File Number(s): 10183 of 2012

Judgment 1COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 against the deemed refusal of Development Application No. D/2011/1709 (the application) by the Council of the City of Sydney (the Council) for a rooftop addition to an existing hotel, the Woolloomooloo Bay Hotel (the hotel), at 2 Bourke Street, Woolloomooloo (the site).