Vision Land Glebe Pty Ltd v Council of the City of Sydney [2016] NSWLEC 1488

Land and Environment Court New South Wales

Medium Neutral Citation: Vision Land Glebe Pty Ltd v Council of the City of Sydney [2016] NSWLEC 1488 Hearing dates: 5-7 September 2016 Date of orders: 26 October 2016 Decision date: 26 October 2016 Jurisdiction: Class 1 Before: Tuor C Decision: (1) The appeal is dismissed. (2) The Staged Development Application (D/2015/1398) which sets out the concept proposal for the conservation of a heritage item for non-residential use; demolition of the existing Metropolitan Remand Centre; building envelopes for residential use with basement parking; and associated site works at 357 Glebe Point Road, Glebe, is refused. (3) The exhibits, except Exhibits 1 and A, are returned. Catchwords: DEVELOPMENT APPLICATION: Staged development application, concept proposal for conservation of a heritage building for non-residential use, demolition of other improvements, building envelopes for residential use and basement parking. Impact on heritage item and heritage conservation area; distribution of floor space and height on the site; building separation; solar access. 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 Cases Cited: Benevolent Society v Waverley Council [2010] NSWLEC 1082 BGP Properties Pty Ltd v Lake Macquarie City Council [2004] NSWLEC 399 Botany Bay City Council v Premier Customs Services Pty Ltd [2009] NSWCA226 Veloshin v Randwick Council [2007] NSWLEC 428 Zhang v Canterbury Council [2001] NSWCA 167 Category: Principal judgment Parties: Vision Land Glebe Pty Ltd (Applicant)