NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: SOFS Pty Ltd v City of Sydney [2017] NSWLEC 1115 Hearing dates: 10-11 November & 2 December 2016 Date of orders: 08 March 2017 Decision date: 08 March 2017 Jurisdiction: Class 1 Before: Smithson C Decision: 1. The appeal is upheld. 2. Development Application D/2015/747 for the construction of a mixed use development at 117-119 Flinders Street, Surry Hills is approved subject to the conditions in Annexure A. 3. The applicant is to pay the respondent's reasonable costs under s.97B of the Environmental Planning and Assessment Act 1979 for assessment of the amended plans as agreed or assessed. 4. The exhibits, except Exhibits A, B, C, J and 10, are returned. Catchwords: DEVELOPMENT APPLICATION – mixed use; residential amenity; heritage; ventilation; acoustic privacy; solar access; views; Eastern Distributor tunnel and ventilation stack; development on major road Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Roads Act 1993 Sydney Local Environmental Plan 2012 Category: Principal judgment Parties: SOFS Pty Ltd (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: Mr N Eastman (Applicant) Dr S Berveling (Respondent)
Solicitors Ms S Orbell, Mills Oakley (Applicant) Mr A Singh, City of Sydney (Respondent) File Number(s): 2016/150568 Publication restriction: No
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