Bates Smart Pty Ltd v Council of the City of Sydney [2014] NSWLEC 1001

Land and Environment Court New South Wales

Medium Neutral Citation: Bates Smart Pty Ltd v Council of the City of Sydney [2014] NSWLEC 1001 Hearing dates: 16,17,18 December 2013 Decision date: 14 January 2014 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is dismissed. 2. Development Application D/2013/515 for alterations and additions to an existing heritage item at 262-272 Liverpool Street, Darlinghurst is refused. 3. The exhibits are returned with the exception of exhibit 1. Catchwords: DEVELOPMENT APPLICATION: alterations and additions to an existing heritage item for five residential apartments - breach of height standard - whether alterations and additions affects the heritage significance of the item - amenity impacts on adjoining residential properties Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No. 65 Sydney Local Environmental Plan 2012 Cases Cited: Tenacity Consulting v Warringah Council [2004] NSWLEC 140 Schaffer Corporation v Hawkesbury City Council (1992) 77 LGRA 21 Category: Principal judgment Parties: Bates Smart Pty Ltd (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel Ms S Duggan SC (Applicant) Mr P Clay SC (Respondent) Solicitors Gadens Lawyers (Applicant) Council of the City of Sydney (Respondent) File Number(s): 10399 of 2013 Publication restriction: No