Idolbox Pty Ltd v City of Sydney Council [2020] NSWLEC 1213

Land and Environment Court New South Wales

Medium Neutral Citation: Idolbox Pty Ltd v City of Sydney Council [2020] NSWLEC 1213 Hearing dates: 18 March 2020 Date of orders: 15 May 2020 Decision date: 15 May 2020 Jurisdiction: Class 1 Before: Dickson C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Consent is granted to Development Application No. D/2017/1606 for alterations and additions to the existing building for the construction of a part 4, part 5 and part 6 storey mixed use development containing basement storage and services; ground floor retail space and seven residential apartments at 42 Hardie Street, Darlinghurst (Lot 1, DP 997066, subject to conditions in Annexure A. (3) The exhibits are returned with the exception of A, B, D and 1. Catchwords: DEVELOPMENT APPLICATION – Alterations and additions to a contributory building – impact on the significance of the heritage conservation area – reasonableness of solar access impact to adjoining property – appeal upheld Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Sydney Local Environmental Plan 2012 Cases Cited: BGP Properties Pty Limited v Lake Macquarie City Council (2004) 138 LGERA 237; [2004] NSWLEC 399 Blackmore Design Group Pty Ltd v Manly Council [2014] NSWLEC 1180 Davies v Penrith City Council [2013] NSWLEC 1141 Edam Properties Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 1203 Grigorakis v Bayside Council [2016] NSWLEC 1573 Parsonage v Ku-ring-gai [2004] NSWLEC 347 Rebel MH Neutral Bay Pty Ltd v North Sydney Council [2018] NSWLEC 191 The Benevolent Society v Waverley Council [2010] NSWLEC 1082 Texts Cited: Apartment Design Guide Sydney Development Control Plan 2012 Category: Principal judgment Parties: Idolbox Pty Ltd (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: M Staunton (Applicant) J Reid (Respondent)