Noceanview Pty Ltd v City of Sydney Council [2020] NSWLEC 1129

Land and Environment Court New South Wales

Medium Neutral Citation: Noceanview Pty Ltd v City of Sydney Council [2020] NSWLEC 1129 Hearing dates: Conciliation conference on 12 March 2020 Date of orders: 18 March 2020 Decision date: 18 March 2020 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development application no. D/2018/525 for alterations and additions to the existing commercial building including the addition of a partial fourth floor with roof terraces, external alterations to the façade, internal alterations and change of use of the ground floor from office to retail at 137-153 Crown Street, Darlinghurst is approved subject to the conditions contained at Annexure 'A'. Catchwords: DEVELOPMENT APPEAL – existing use rights – existing commercial use – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulations 2000 Land and Environment Court 1979 State Environmental Planning Policy No 55 – Remediation of Land Sydney Local Environmental Plan 2012 Category: Principal judgment Parties: Noceanview Pty Ltd (Applicant) City of Sydney Council (Respondent) Representation: Counsel: P Larkin (Applicant) R Bullmore (Solicitor) (Respondent)

Solicitors: Mills Oakley (Applicant) City of Sydney Council (Respondent) File Number(s): 2018/315463 Publication restriction: No