Emag Apartments Pty Ltd v Council of the City of Sydney [2014] NSWLEC 1082

Land and Environment Court New South Wales

Medium Neutral Citation: Emag Apartments Pty Ltd v Council of the City of Sydney [2014] NSWLEC 1082 Hearing dates: 5 - 6 May, 2014 Decision date: 13 May 2014 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is dismissed. 2. Development Application No. D/2013/1357 for the demolition of the existing warehouse building and construction of a six storey mixed use development is refused. 3. The exhibits, other than exhibits 1 and A, are returned. Catchwords: DEVELOPMENT APPLICATION: mixed use development; height, bulk and scale; impact on heritage significance of Chippendale Heritage Conservation Area Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Silverstar Fashions Pty Ltd v Council of the City of Sydney [2009] NSWLEC 1314 Category: Principal judgment Parties: Emag Apartments Pty Ltd (Applicant) The Council of the City of Sydney (Respondent) Representation: Ms S Duggan SC (Applicant) Mr A Pickles Barrister (Respondent) Conomos Legal (Applicant) Council of the City of Sydney (Respondent) File Number(s): 10822 of 2013

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/2013/1357 for the demolition of an existing warehouse building and construction of a six storey mixed use development (the proposal) at 58-64 Abercrombie Street, Chippendale (the site), by the Council of the City of Sydney (the Council). 2The appeal was subject to mandatory conciliation on 24 January 2014, in accordance with the provisions of s 34 of the Land and Environment Court Act 1979 (LEC Act). As agreement was not reached during the conciliation conference, it was terminated pursuant to s 34(4) of the LEC Act.