Whitehouse Developments Pty Ltd v The Council of the City of Sydney [2017] NSWLEC 1391

Land and Environment Court New South Wales

Medium Neutral Citation: Whitehouse Developments Pty Ltd v The Council of the City of Sydney [2017] NSWLEC 1391 Hearing dates: 11, 12, 13 July 2017 Date of orders: 25 July 2017 Decision date: 25 July 2017 Jurisdiction: Class 1 Before: Dixon C Decision: (1) Appeal is upheld. (2) Development consent is granted to development application D/2016/1079 (as amended) seeking alterations and additions of an existing building known as the White House at 55 Macleay Street , Potts Point subject conditions specified in Annexure A. (3) Exhibits are returned except Exhibit B which contains a set of the drawings identified in schedule 1A condition (2) of Annexure A. Catchwords: APPEAL: Consent orders – development application for hotel and restaurant in a heritage item - impacts on the public's view of artwork on adjoining heritage item – strata subdivision of hotel rooms - amenity impacts Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No 10 (Affordable Rental Housing) 2009 Sydney Local Environmental Plan 2012 Cases Cited: Tenacity Consulting v Warringah Shire Council [2004] NSWLEC 140 Category: Principal judgment Parties: Whitehouse Developments Pty Ltd (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: Sandra Duggan SC (Applicant) Alex Singh (Solicitor) ( Respondent)

Solicitors: Mr A Whealy, Mills Oakley (Applicant) Ms K Morrin, Sydney City Council (Respondent) File Number(s): 2016/383441 Publication restriction: No