Ceerose Pty Ltd v Council of the City of Sydney [2016] NSWLEC 1475

Land and Environment Court New South Wales

Medium Neutral Citation: Ceerose Pty Ltd v Council of the City of Sydney [2016] NSWLEC 1475 Hearing dates: 29-30 August 2016 Date of orders: 13 October 2016 Decision date: 13 October 2016 Jurisdiction: Class 1 Before: Tuor C Decision: (1) The appeal is dismissed. (2) The Staged Development Application (D/2015/1902), which sets out the concept proposal for a building envelope and hotel use at 757-763 George Street, Sydney, is refused. (3) The exhibits, except Exhibit 1 and C, are returned. Catchwords: DEVELOPMENT APPLICATION: Staged development application for concept building envelope and hotel use. Non-compliance with height standard. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Sydney Local Environmental Plan 2012 Cases Cited: Bates Smart Pty Ltd v Council of the City of Sydney [2014] NSWLEC 1001 Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 Category: Principal judgment Parties: Ceerose Pty Ltd (Applicant)

The Council of the City of Sydney (Respondent) Representation: Counsel: Ms S Duggan, SC (Applicant)

Mr P Clay, SC (Respondent)

Solicitors: Mills Oakley (Applicant)

The Council of the City of Sydney (Respondent) File Number(s): 2016/151382

Judgment 1. Ceerose Pty Ltd (applicant) is appealing under s97(1) 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 Staged Development Application (D/2015/1902), which sets out the concept proposal (Concept Proposal) for a building envelope and hotel use at 757-763 George Street, Sydney (site). 2. The main issue that remains in dispute is the proposal's non-compliance with the height standard in cl 4.3 of Sydney Local Environmental Plan 2012 (LEP) and the satisfaction of the requirements in cl 4.6 to vary the development standard.