Patrick Campion, Chairman trading as City Tattersall's Club v The Council of the City of Sydney [2017] NSWLEC 1265

Land and Environment Court New South Wales

Medium Neutral Citation: Patrick Campion, Chairman trading as City Tattersall's Club v The Council of the City of Sydney [2017] NSWLEC 1265 Hearing dates: 1- 5 May 2017 Date of orders: 30 May 2017 Decision date: 30 May 2017 Jurisdiction: Class 1 Before: Dickson, C Decision: The orders of the Court are: 1. The applicant is granted leave to rely on amended plans; 2. No order as to costs; 3. The appeal is dismissed; 4. Development application DA D/2015/1214 for a Stage 1 Development Application concept proposal of a mixed use podium and tower with a height of up to 168m (RL 187.04), vehicular access from Pitt Street for loading and servicing, and in principal approval for the demolition of heritage fabric and conservation works at 194 Pitt Street, and 196-204 Pitt Street Sydney is refused. 5. The exhibits are returned with the exception of exhibits 1, A, B, L, N Catchwords: DEVELOPMENT APPEAL: against refusal of Stage 1 Concept proposal for redevelopment of City Tattersall's Club –impact of the proposed works on the buildings heritage significance – is the stage 1 development application sufficiently certain. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 City of Sydney Act 1998 Airports Act 1996 Airports (Protection of Airspace) Regulations 1996 State Environmental Planning Policy 65 Design Quality of Residential Apartments State Environmental Planning Policy (Infrastructure) 2007 Cases Cited: Cracknell & Lonergan Architects Pty Ltd v City of Sydney [2016] NSWLEC 1159 Marinkovic v Rockdale City Council [2006] NSWLEC 601 Future Space Pty Limited v Ku-ring-gai Council (2009) NSWLEC 15 Texts Cited: Apartment Design Guide, NSW Department of Planning and Environment Assessing Heritage Significance, NSW Heritage Office Category: Principal judgment Parties: Patrick Campion, Chairman trading as City Tatersall's Club (Applicant) Council of the City of Sydney (First Respondent) Transport for NSW (Second Respondent) Representation: Counsel: Ms S Duggan, SC (Applicant) Mr M Stauton (Applicant)