MGT 6 Pty Ltd v The Council of the City of Sydney [2017] NSWLEC 1211

Land and Environment Court New South Wales

Medium Neutral Citation: MGT 6 Pty Ltd v The Council of the City of Sydney [2017] NSWLEC 1211 Hearing dates: 3,4 and 9 November 2016 Date of orders: 15 May 2017 Decision date: 28 April 2017 Jurisdiction: Class 1 Before: Martin SC and Dixon C Decision: 1. The appeal is upheld. 2. The plans prepared by Koichi Takada Architects in Exhibits M and P are substituted in the appeal. 3. The Applicant is to pay the costs of the Council in the sum of $2,500 within 21 days of the date of this order. 4. The Applicant's clause 4.6 variation request to contravene the development standard in clause 4.3 of the Sydney Local Environmental Plan 2012 is accepted. 5. Development Consent is granted to DA D/2016/684 in accordance with the plans in Exhibit A to the extent that it is amended by Exhibits M and P for a mixed use development comprising 8 storeys, 19 apartments, ground floor retail and ground floor and basement parking at 10 -14 Cooper Street, Surry Hills subject to the conditions of consent noted as Annexure A to this Judgment. Catchwords: DEVELOPMENT APPEAL – appeal following refusal of development consent –infill development for residential apartments and retail shop –proposed development exceeded maximum height – requirement for design excellence – need for Design Competition – site specific Development Control Plan – clauses 4.6,6.21 and 7.20of Sydney Local Environmental Plan 2012 – requirements unreasonable and unnecessary - appeal upheld Legislation Cited: Environmental Planning and Assessment Act 1979 Sydney Local Environmental Plan 2012 State Environmental Planning policy No 65 - Design Quality of Residential Apartment Development Sydney Development Control Plan 2012 Cases Cited: Wehbe v Pittwater Council; (2007) 156 LGERA 446; [2007] NSWLEC 827 Four2Five Pty Ltd v Ashfield Council [2015] NSWCA248 Randwick City Council v Micaul Holdings Pty Ltd [2016] NSWLEC 7 GGD Danks Street P/L and CR Danks Street P/L v Council of the City of Sydney [2015] NSWLEC 1521 Category: Principal judgment Parties: MGT 6 Pty Ltd (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: Mr Adrian Galasso SC (Applicant) Mr Phillip Clay SC (Respondent)