Edam Properties Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 1203

Land and Environment Court New South Wales

Medium Neutral Citation: Edam Properties Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 1203 Hearing dates: 19-20 February 2020 Date of orders: 01 May 2020 Decision date: 01 May 2020 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders that: (1) Appeal upheld. (2) Development consent is granted to Development Application No. D/2018/1284 (as amended) for demolition of rear existing terrace, construction of a new Part 2 and Part 4 storey addition, refurbishment and internal fitout of the interior of the building, and change of use to hotel at 136 Burton Street, Darlinghurst, subject to the conditions set out in Annexure A. (3) The exhibits are returned except for Exhibits 1 and J. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to the rear of a contributory item within a conservation area – adaptive reuse of the item as boutique hotel – impact of the bulk and scale of the development on the rear laneway and adjoining properties within the conservation area assessed – number of storeys breach control in development control plan – height of building not in breach of development standard in local environmental plan – design excellence considered Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Sydney Local Environmental Plan 2012 Texts Cited: Australian Standard AS4970-2009 – Protection of trees on development sites City of Sydney Development Contributions Plan 2015 City of Sydney Guidelines for Waste Management in New Developments 2018 City of Sydney Interim Floodplain Management Policy City of Sydney Tree Management Policy 2013 City of Sydney Urban Forestry Strategy 2013 Sydney Development Control Plan 2012 Category: Principal judgment Parties: Edam Properties Pty Ltd (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: I Hemmings SC (Applicant) J Reid (Respondent)