Coronation Property Company Pty Ltd v Council of the City of Sydney [2015] NSWLEC 1363

Land and Environment Court New South Wales

Medium Neutral Citation: Coronation Property Company Pty Ltd v Council of the City of Sydney [2015] NSWLEC 1363 Hearing dates: 31 August and 1 September 2015 Date of orders: 02 September 2015 Decision date: 02 September 2015 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is upheld. 2. The development application (D/2014/1323) for the demolition of existing structures and the construction of a mixed use development at 9-25 Commonwealth Street, Sydney, is approved subject to the conditions in Annexure A. 3. The exhibits, except Exhibits 7, A and B are returned. Catchwords: DEVELOPMENT APPLICATION: Mixed use development including retail, hotel and residential. Contentions resolved by amended plans and conditions. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 (LEC Act) Sydney Local Environmental Plan 2012 Category: Principal judgment Parties: Coronation Property Company Pty Ltd (Applicant)

Council of the City of Sydney (Respondent) Representation: Counsel: Mr A Galasso SC (Applicant)

Mr P Clay SC (Respondent)

Solicitors: Landerer & Company (Applicant)

Council of the City of Sydney (Respondent) File Number(s): 10884 of 2014

Judgment 1. Coronation Property Company Pty Ltd (applicant) appeals pursuant to s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the deemed refusal by the Council of the City of Sydney (council) of a development application (D/2014/1323) for the demolition of existing structures and the construction of a mixed use development at 9-25 Commonwealth Street, Sydney (site). 2. The contentions raised by council have been resolved through the provision of additional information, amended plans, conditions and the agreement of the experts.