278 Palmer St Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 1012

Land and Environment Court New South Wales

Medium Neutral Citation: 278 Palmer St Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 1012 Hearing dates: 6-7 November 2019 Date of orders: 09 January 2020 Decision date: 09 January 2020 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is dismissed. (2) Development application D/2017/1332 for alterations and additions to the existing building at 278 Palmer Street including a part one and two storey addition, new basement storage and services and change of use to a residential flat building is refused. (3) The exhibits are returned with the exception of exhibit 1 and A. Catchwords: DEVELOPMENT APPLICATION: Conversion of existing building – whether the proposed development will have a detrimental impact on the heritage significance of a contributory building in a heritage conservation area – whether the methodology of retaining the existing fabric is sufficiently certain – whether there is an unreasonable uncertainty of impacts to the building - appeal dismissed. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy 55 – Remediation of Land State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy 65: Design Quality of Residential Apartment Development

Sydney Development Control Plan 2012 Cases Cited: Mison v Randwick Municipal Council (1991) 23 NWLR 734 Omid Mohebati-Arani v Ku-ring-gai Council [2017] NSWLEC 143 Telstra Corporation Limited v Hornsby Shire Council (2006) 67 NSWLR 256; [2006] NSWLEC 133 Weal v Bathurst City Council & Anor [2000] NSWCA 88 Wehbe v Pittwater Council [2007] 156 LGERA 446 Category: Principal judgment Parties: 278 Palmer Street Pty Ltd (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: A Pickles SC (Applicant) Dr S Berveling (Respondent)