Eunomia Development Pty Limited v Sydney City Council [2016] NSWLEC 1342

Land and Environment Court New South Wales

Medium Neutral Citation: Eunomia Development Pty Limited v Sydney City Council [2016] NSWLEC 1342 Hearing dates: 10 August 2016 Date of orders: 18 August 2016 Decision date: 18 August 2016 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: CONSENT ORDERS: mixed use development, matters raised by objectors; compliance with planning controls, overshadowing, privacy, traffic and parking Legislation Cited: Sydney Local Environmental Plan 2012; State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development Texts Cited: Sydney Development Control Plan 2012; Residential Flat Design Code Category: Principal judgment Parties: Eunomia Developments Pty Limited (Applicant)

Sydney City Council (Respondent) Representation: Counsel: Mr C McEwen SC (Applicant) Mr M Seymour (Respondent)

Solicitors: Ms A Cowper Mills Oakley (Applicant) Mr A Simpson Sydney City Council (Respondent) File Number(s): 155927 of 2016

Judgment 1. Eunomia Developments Pty Limited (Eunomia) lodged Development Application D/2015/1239 with Sydney City Council (council) on 28 August 2015 seeking consent for the adaptive re-use of a 2 storey building at the northern corner of the site to include residential apartments, demolition of 2 existing warehouses at the southern end of the site and construction of a a 4 storey residential flat building over a new 2 level basement for 39 vehicles. The total number of apartments proposed was 30. 2. The council had not determined the application within the prescribed period and Eunomia is appealing its deemed refusal. 3. Following a conciliation conference the applicant prepared amended plans and was granted leave by the Court to rely on those plans on 17 June 2016. Following notification of the amended plans and consideration of the merits of those plans, the parties are now seeking Consent Orders from the Court as all of the contentions in the case have been resolved.