One Forty William Pty Ltd v Council of the City of Sydney [2019] NSWLEC 1290

Land and Environment Court New South Wales

Medium Neutral Citation: One Forty William Pty Ltd v Council of the City of Sydney [2019] NSWLEC 1290 Hearing dates: 8 – 10 April 2019 Date of orders: 27 June 2019 Decision date: 27 June 2019 Jurisdiction: Class 1 Before: Walsh C Decision: The orders of the Court are: (1) Leave is granted to amend the application. (2) The written request made, pursuant to clause 4.6 of Sydney Local Environmental Plan 2012, to vary the maximum building height standard prepared by Mecone and dated 10 April 2019 is upheld. (3) The appeal is upheld. (4) Concept Development Application No. D/2016/1621 for three concept building envelopes and indicative land uses within these envelopes in accordance with the amended plans and conditions as set out in Annexure A, at 27-31 Ralph Street, 33 Ralph Street, 602-612 Botany Road and 614-618 Botany Road, is approved. (5) The exhibits, other than Exhibits 1, 3, 8, 9, A, F and J are returned. Catchwords: DEVELOPMENT APPLICATION – Concept development application – heritage conservation – industrial heritage – reference scheme – height contravention Legislation Cited: Environmental Planning and Assessment Act 1979 Sydney Local Environmental Plan 2012 Cases Cited: Australian International Academy of Education Inc v The Hills Shire Council [2013] NSWLEC 1 Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 The Uniting Church in Australia Property Trust (NSW) v Parramatta City Council [2018] NSWLEC 158 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Apartment Design Guide Australia ICOMOS Charter for Places of Cultural Significance, The Burra Charter, 2013 Sydney Development Control Plan 2012 Category: Principal judgment Parties: One Forty William Pty Ltd (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: A Galasso SC with S Berveling (Applicant) M Wright SC (Respondent)