Arnott v City of Sydney Council [2015] NSWLEC 1052

Land and Environment Court New South Wales

Medium Neutral Citation: Arnott v City of Sydney Council [2015] NSWLEC 1052 Hearing dates: 3-5 March, 2015 Decision date: 18 March 2015 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Development Application No. D/2014/231 for alterations and additions to Levels 9 and 10 of an existing mixed use building at 40 Macleay Street, Potts Point, is approved, subject to the conditions of consent at Annexure 'A'. 3. The exhibits, other than exhibits D and E, are returned. Catchwords: DEVELOPMENT APPLICATION: alterations and additions to an existing mixed use building; whether the proposal is contrary to the built form outcomes of the Sydney Development Control Plan 2012, including height; impact on harbour views from surrounding apartments; whether the proposal has an impact on the heritage significance of heritage items in the vicinity of the proposal and the heritage conservation area; materials and colours of the proposal. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Tenacity Consulting v Warringah Council [2004] NSWLEC 140 Category: Principal judgment Parties: Craig Arnott (Applicant) City of Sydney Council (Respondent) Representation: Counsel: Mr R. Lancaster SC (Applicant) Mr A. Pickles Barrister (Respondent)

Solicitors: Pikes & Verekers Lawyers (Applicant) City of Sydney Council (Respondent) File Number(s): 10781 of 2014