Season Group Pty Ltd v Council of the City of Sydney [2017] NSWLEC 1441

Land and Environment Court New South Wales

Medium Neutral Citation: Season Group Pty Ltd v Council of the City of Sydney [2017] NSWLEC 1441 Hearing dates: 2 May 2017 Date of orders: 16 August 2017 Decision date: 16 August 2017 Jurisdiction: Class 1 Before: Martin SC Decision: The Orders of the Court are: (1) The appeal is upheld. (2) Modification Application D/2015/421/A lodged with the Council on 17 October 2016 seeking deletion of condition 76 from development consent D/2015/421 granted by the Court as a consequence of proceedings number 2016/52934 is determined by approval. (3) The Exhibits, save for Exhibits A and C, are returned. Catchwords: Development modification –future development potential of heritage item – amenity of unbuilt apartments – notice for purchasers Legislation Cited: Conveyancing Act 1919 ss 52A Conveyancing (Sale of Land) Regulation 2010 Environmental Planning and Assessment Act 1979 ss 96AA(1), 149 Environmental Planning and Assessment Regulation 2000 Sydney Local Environmental Plan 2012 Sydney Development Control Plan 2012 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Cases Cited: Australian International Academy of Education Inc v Hills Shire Council (2013) 196 LGERA 1; [2013] NSWLEC 1 at [93] Davies v Penrith City Council [2013] NSWLEC 1141 Season Group Pty Ltd v Council of the City of Sydney [2016] NSWLEC 1354 Texts Cited: Nil Category: Principal judgment Parties: Season Group Pty Ltd (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: Mr A Gadiel (Solicitor) (Applicant) Ms F J Berglund (Respondent)