Dexus Funds Management Limited v The Council of the City of Sydney [2019] NSWLEC 1483

Land and Environment Court New South Wales

Medium Neutral Citation: Dexus Funds Management Limited v The Council of the City of Sydney [2019] NSWLEC 1483 Hearing dates: 4 September 2019 Date of orders: 11 October 2019 Decision date: 11 October 2019 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders: (1) The appeal is upheld. (2) Consent is granted to Modification Application No. D/2015/66/C being the modification of development consent No. D/2015/66/A, subject to the final and consolidated conditions of consent contained in Annexure 'A'. (3) The Exhibits are returned, except for Exhibit A and B. Catchwords: DEVELOPMENT APPEAL – design excellence – application of development control plan – street awning – opportunity site floor space – pedestrian amenity and weather protection – central Sydney Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Sydney Local Environmental Plan 2012 Texts Cited: City of Sydney Retail Action Plan (2013) City of Sydney Tourism Action Plan (2013) Sydney Development Control Plan 2012 Category: Principal judgment Parties: Dexus Funds Management Limited (First Applicant) The GPT Group, GPT Re Limited (Second Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: N Eastman (First Applicant) A Pickles SC (Respondent)

Solicitors: Dentons (First Applicant) City of Sydney (Respondent) File Number(s): 2018/178278 Publication restriction: No