Season Group Pty Ltd v Council of the City of Sydney [2016] NSWLEC 1354

Land and Environment Court New South Wales

Medium Neutral Citation: Season Group Pty Ltd v Council of the City of Sydney [2016] NSWLEC 1354 Hearing dates: 25 and 26 July 2016 Date of orders: 30 August 2016 Decision date: 24 August 2016 Jurisdiction: Class 1 Before: Tuor C Decision: See paragraph [55] Catchwords: DEVELOPMENT APPLICATION: Demolition, alterations and additions to existing building and construction of new commercial/residential development. Compatibility of the site with flooding constraints. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Sydney Local Environmental Plan 2012 Category: Principal judgment Parties: Season Group Pty Ltd (Applicant)

Council of the City of Sydney (Respondent) Representation: Counsel: Mr I Hemmings, SC (Applicant)

Ms A Pearman, Barrister (Respondent)

Solicitors: Mills Oakley (Applicant)

Council of the City of Sydney (Respondent) File Number(s): 2016/152934

Judgment 1. Season Group Pty Ltd (applicant) is appealing under s 97(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of a development application (D/2015/421) by the Council of the City of Sydney (council) for demolition, alterations and additions to existing building and construction of new commercial/residential development at 22-38 Yurong Street, Darlinghurst (site). 2. The main issue that remains in dispute is whether the car park incorporates appropriate measure to manage flood risk. The other contentions have been resolved by amended plans, conditions and the agreement of the experts.