ABD Holdings Pty Limited v City of Sydney Council [2012] NSWLEC 1261

Land and Environment Court New South Wales

Medium Neutral Citation: ABD Holdings Pty Limited v City of Sydney Council [2012] NSWLEC 1261 Hearing dates: 13 and 14 August 2012 Decision date: 14 August 2012 Jurisdiction: Class 1 Before: Dixon C Decision: (1)The appeal is upheld. (2)The application for development consent D/2012/254 for restaurant and office made under the Environmental Planning and Assessment Act 1979 in relation to the premises at 55 to 61 Riley Street is approved subject to the conditions in annexure A. (3)The applicant pay the respondent's costs thrown away in the amount of $3,500 under s 97B of the Environmental Planning and Assessment Act 1979 within twenty-eight days of the date of this order. (4)The exhibits are returned. Catchwords: Development application: adaptive reuse of heritage warehouse as a restaurant and office Legislation Cited: Environmental Planning and Assessment Act 1979 South Sydney Local Environmental Plan 1998 Draft Sydney Local Environmental Plan 2011 Category: Principal judgment Parties: ABD Holdings Pty Limited (Applicant)

City of Sydney Council (Respondent) Representation: Counsel Mr Eastman (Applicant) Mr Clay SC (Respondent) Solicitors Mr Whealy (Applicant) Gadens lawyers Ms Morrin (Respondent) City of Sydney Council lawyer File Number(s): 10347 of 2012

Judgment This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.