Landmark Group Australia Pty Ltd v Council of the City of Sydney [2019] NSWLEC 1338

Land and Environment Court New South Wales

Medium Neutral Citation: Landmark Group Australia Pty Ltd v Council of the City of Sydney [2019] NSWLEC 1338 Hearing dates: 18-20 December 2018; 5 February 2019; 1 April 2019;Conditions filed 8 April 2019 Date of orders: 19 July 2019 Decision date: 19 July 2019 Jurisdiction: Class 1 Before: Smithson C Decision: The Court orders: (1) Leave is granted for the applicant to rely on amended plans. (2) The applicant is to pay the respondent's costs thrown away as agreed or assessed as a result of amending the applications pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. (3) The clause 4.6 request to exceed the height standard on the site is not upheld. (4) The appeals are dismissed. (5) Applications comprising: concept modification application No. D/2015/1358/B to modify the Stage 1 concept consent for a mixed use development; and development application No. D/2018/354 for 3 buildings within the approved Stage 1 building envelopes comprising Stage 2 of the development; at 219-231 Botany Road, Waterloo, are refused. (6) The exhibits are returned, except Exhibits 1, 2, A, B, C and D. Catchwords: DEVELOPMENT AND MODIFICATION APPLICATIONS – mixed use development across three building envelopes approved by Stage 1 concept consent – detailed design seeks modification to approved concept consent including to conditions – Court approved Stage 1 on basis of s 34 agreement – whether design achieves design excellence – height non-compliance – adequacy of clause 4.6 – adjoining heritage item – solar access – natural cross ventilation – future amenity of apartments – neighbour objections Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Roads Act 1993 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development State Environmental Planning Policy (Infrastructure) 2007 Sydney Local Environmental Plan 2012 Water Management Act 2000 Cases Cited: GGD Danks Street P/L and CR Danks Street P/L v Council of the City of Sydney [2015] NSWLEC 1521 Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Maville Grand Pty Ltd v Council of the City of Sydney [2016] NSWLEC 1525 Priansa Pty Ltd v Council of the City of Sydney [2018] NSWLEC 1477 Texts Cited: Apartment Design Guide Building Code of Australia City of Sydney Competitive Design Policy Sydney Development Control Plan 2012 Category: Principal judgment Parties: Landmark Group Australia Pty Ltd (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: T To (Applicant) P Clay SC (Respondent)