Padraig Pty Ltd v Council of the City of Sydney [2017] NSWLEC 1158

Land and Environment Court New South Wales

Medium Neutral Citation: Padraig Pty Ltd v Council of the City of Sydney [2017] NSWLEC 1158 Hearing dates: 14-16 September 2016 and 1- 3 March 2017 Date of orders: 29 March 2017 Decision date: 29 March 2017 Jurisdiction: Class 1 Before: Dickson, C Decision: Refer [101] Catchwords: DEVELOPMENT APPLICATION: Appeal under s97(1) works to Criterion Hotel: Heritage item – impact on significance of heritage item – compliance with LEP requirements heritage, design excellence – active street frontage – impact on significant fabric – patron safety. SECTION 121B ORDER: to remove unauthorised fabric – restore demolished fabric – outstanding. BUILDING CERTIFICATE: regularisation of unauthorised works – whether Building Certificate should be issued – ensuring safety of patrons. Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Local Government Act 1993 Building Code of Australia Smoke Free Environment Act 2000 Smoke Free Environment Regulation 2000 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Cases Cited: Chami v Lane Cove Council [2015] NSWLEC 1003 Weal v Bathurst City Council & Anor [2000] NSWCA 88 Amazonia Hotels Pty Ltd v Council of the City of Sydney [2015] NSWLEC 1224 Cachia v Manly Council (No. 2) [2009] NSWLEC 1107 Texts Cited: Building Code of Australia Category: Principal judgment Parties: Padraig Pty Ltd (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: C, Mc Ewan, SC (Applicant) P, Clay SC (Respondent)