Diverse Property (Aust) Pty Ltd v the Council of the City of Sydney [2017] NSWLEC 1384

Land and Environment Court New South Wales

Medium Neutral Citation: Diverse Property (Aust) Pty Ltd v the Council of the City of Sydney [2017] NSWLEC 1384 Hearing dates: 13 July 2017 Date of orders: 21 July 2017 Decision date: 21 July 2017 Jurisdiction: Class 1 Before: Smithson C Decision: 1. The appeal is upheld. 2. Development Application D/2016/1451 for a Stage 1 concept approval of a mixed use development comprising residential, hotel and retail at 232-240 Elizabeth Street, Surry Hills is approved subject to the conditions set out in Annexure "A". 3. The exhibits, other than Exhibits A, B, C, L and 5, are returned. Catchwords: DEVELOPMENT APPLICATION: Staged application; subsequent stages; integrated development; building envelopes; residential amenity for occupants in terms of acoustics, ventilation, solar access and private open space; amenity impacts including overshadowing of neighbours; objections Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Amendment (Staged Development Applications) Bill 2017 Land and Environment Court Act 1979 Water Management Act 2000 Sydney Local Environmental Plan 2012 Cases Cited: Bay Simmer Investments Pty Ltd v State of New South Wales [2017] NSWCA 135 Category: Principal judgment Parties: Diverse Property (Aust) Pty Ltd (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: Mr A Galasso (Applicant) Mr S Nash (Respondent)