Comino v Council of the City of Sydney [2014] NSWLEC 1211

Land and Environment Court New South Wales

Medium Neutral Citation: Comino v Council of the City of Sydney [2014] NSWLEC 1211 Hearing dates: 10 October, 2014 Decision date: 15 October 2014 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is dismissed. 2. Development Application No. D/2014/916 for alterations and additions to an existing commercial building is refused. 3. The exhibits, other than exhibit 2, are returned. Catchwords: DEVELOPMENT APPLICATION: alterations and additions to an existing commercial building; impact on heritage significance of heritage items in the vicinity of the site and the Pitt Street Mall Special Character Area. PLANNING PRINCIPLES: review of planning principles by Commissioners; Commissioners consider that the planning principle in Anglican Church Property Trust v Sydney City Council [2003] NSWLEC 353 should no longer be applied. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Anglican Church Property Trust v Sydney City Council [2003] NSWLEC 353 Revelop Projects Pty Ltd v Parramatta City Council [2014] NSWLEC 1167 Category: Principal judgment Parties: Mr Victor Comino (Applicant) Council of the City of Sydney (Respondent) Representation: Ms A Hemmings Barrister (Applicant) Ms M Carpenter Barrister (Respondent) Gadens Lawyers (Applicant) Council of the City of Sydney (Respondent) File Number(s): 10597 of 2014