Shed Architects Proprietary Limited v Council of the City of Sydney [2017] NSWLEC 1607

Land and Environment Court New South Wales

Medium Neutral Citation: Shed Architects Proprietary Limited v Council of the City of Sydney [2017] NSWLEC 1607 Hearing dates: 23 and 24 May 2017; with further material filed on 6 and 7 June 2017 Date of orders: 31 October 2017 Decision date: 31 October 2017 Jurisdiction: Class 1 Before: Martin SC Decision: The Orders of the Court are:

(1) Leave is granted pursuant to s 97B of the Environmental Planning and Assessment Act 1979 for amended plans filed with the Court on 7 June 2017 to be relied upon.

(2) The appeal is upheld.

(3) Development consent granted to DA No. D2015/111 is varied pursuant to section 96 of the Environmental Planning and Assessment Act 1979 in accordance with the Conditions of Consent marked as Annexure 'A'.

(4) The Exhibits, save for 1, 2, 4 and B, are returned. Catchwords: Modification application – heritage significance – construction drawings at DA stage – interpretation of Heritage Inventory – reversible damage – amenity – public interest Legislation Cited: Environmental Planning and Assessment Act 1979 s 79C, 79C(3A), 98(6) Sydney Local Environmental Plan 2012 Sydney Development Control Plan 2012 Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Shed Architects Proprietary Limited Council of the City of Sydney Representation: Counsel: Mr A Pickles SC (Applicant) Ms N Hammond (Respondent)

Solicitors: Reid & Vesely (Applicant) Kirsten Morrin, Principal Lawyer, Council of the City of Sydney (Respondent) File Number(s): 2016/350668 Publication restriction: No