Priansa Pty Ltd v Council of the City of Sydney [2018] NSWLEC 1447

Land and Environment Court New South Wales

Medium Neutral Citation: Priansa Pty Ltd v Council of the City of Sydney [2018] NSWLEC 1447 Hearing dates: 18-19 June 2018 Date of orders: 24 August 2018 Decision date: 24 August 2018 Jurisdiction: Class 1 Before: Smithson C Decision: (1) The clause 4.6 request to exceed the height standard for the Lawrence Street building envelope is upheld. (2) The appeal is upheld. (3) Concept development application D/2017/238 for a mixed use development and a residential flat building at 163-173 McEvoy Street, Alexandria is approved subject to the conditions in Annexure "A". (4) The exhibits are returned, except Exhibits 1, A, B, K and N. Catchwords: DEVELOPMENT APPLICATION – concept development application; mixed use development and residential flat building; building envelopes; indicative reference designs; façade treatment including breaks and length to main road; depth of development; interface with adjoining development; height; solar access; cross ventilation on busy road; conditions not agreed; neighbour objections Legislation Cited: City of Sydney Act 1988 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Roads Act 1993 State Environmental Planning Policy 65 - Design Quality of Residential Apartment Development Sydney Development Control Plan 2012 Sydney Local Environmental Plan 2012 Water Management Act 2000 Cases Cited: Nil Texts Cited: Apartment Design Guide Category: Principal judgment Parties: Priansa Pty Ltd (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: M Staunton (Applicant) I Pickles, SC (Respondent)