Future Acquisition Pty Ltd v Council of the City of Sydney [2018] NSWLEC 5

Land and Environment Court New South Wales

Medium Neutral Citation: Future Acquisition Pty Ltd v Council of the City of Sydney [2018] NSWLEC 5 Hearing dates: 01 February 2018 Date of orders: 13 February 2018 Decision date: 13 February 2018 Jurisdiction: Class 1 Before: Robson J Decision: See orders at [62]-[63] Catchwords: MODIFICATION APPLICATION – appeal – actual refusal – approved mixed use development – modification of a development consent – changes to setback – building height – staged development – overshadowing – bulk and scale – residential objectors – public interest – visual impact – where changes are within limits imposed by statutory controls – appeal allowed Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW), s 96, s 97AA Environmental Planning and Assessment Regulation 2000 (NSW) State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development (NSW) Sydney Development Control Plan 2012, cl 2.12, cl 4.2 Sydney Local Environmental Plan 2012, cl 1.2, cl 4.3, cl 4.4, cl 4.6 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Cases Cited: Auswin TWT Development Pty Ltd v Council of the City of Sydney [2015] NSWLEC 1273 Category: Principal judgment Parties: Future Acquisition Pty Ltd (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: S Duggan SC (Applicant) J McKelvey (Respondent)

Solicitors: Mills Oakley (Applicant) Council of the City of Sydney (Respondent) File Number(s): 2017/00325754; 2017/00325755 Publication restriction: No