Benmill Pty Ltd v Council of the City of Sydney [2019] NSWLEC 1291

Land and Environment Court New South Wales

Medium Neutral Citation: Benmill Pty Ltd v Council of the City of Sydney [2019] NSWLEC 1291 Hearing dates: 24 June 2019 Date of orders: 27 June 2019 Decision date: 27 June 2019 Jurisdiction: Class 1 Before: O'Neill C Decision: The Court orders: (1) The appeal is upheld. (2) Modification Application No. D/2015/1237/D to modify the approved development to add a steel awning over the outdoor terraces of the southern apartments on Level 2 and amend the position of the posts supporting the approved roof top awning, at 276-282 Devonshire Street, Surry Hills, is approved, subject to the consolidated conditions of consent at Annexure A. (3) The exhibits, other than Exhibits 1, A and B, are returned. Catchwords: MODIFICATION APPLICATION – impact of the addition of an awning to an approved development on the heritage significance of the heritage conservation area Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Sydney Local Environmental Plan 2012 Texts Cited: Sydney Development Control Plan 2012 Category: Principal judgment Parties: Benmill Pty Ltd (Applicant) Council of the City of Sydney (Respondent) Representation: Solicitors: G Shapiro, Hones Lawyers (Applicant) P Canning, Council of the City of Sydney (Respondent) File Number(s): 2018/314878 Publication restriction: No