Auswin TWT Development Pty Ltd v Council of the City of Sydney [2015] NSWLEC 1273

Land and Environment Court New South Wales

Medium Neutral Citation: Auswin TWT Development Pty Ltd v Council of the City of Sydney [2015] NSWLEC 1273 Hearing dates: 15-16 June and 14 July, 2015 Decision date: 23 July 2015 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Development Application No. D/2014/1147 for the Stage 1 building envelope of a mixed use development, comprising residential units across four buildings and retail at ground floor fronting Harris Street, is approved, subject to the conditions of consent at Annexure A. 3. The exhibits, other than exhibits 8, A, D and E, are returned. Catchwords: DEVELOPMENT APPLICATION: Stage 1 building envelope; mixed use development; inadequate information provided, overdevelopment of the site, whether the stage 2 apartments will provide adequate amenity for residents and impact of the proposal on the public domain; all contentions resolved by amended proposal and agreed conditions of consent. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Auswin TWT Development Pty Ltd (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: Ms S. Duggan SC (Applicant) Mr I. Hemmings SC (Respondent)

Solicitors: Gadens (Applicant) Council of the City of Sydney (Respondent) File Number(s): 11037 of 2014

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the deemed refusal of Development Application No. D/2014/1147 for the Stage 1 building envelope of a mixed use development, comprising residential units across four buildings and a retail street frontage to Harris Street (the proposal) at 485-521 Harris Street, Ultimo (the site) by the Council of the City of Sydney (the Council). 2. The appeal was subject to mandatory conciliation on 20 February 2015, 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 phase, the conciliation conference was terminated on 13 March 2015, pursuant to s 34(4) of the LEC Act.