Comino v Council of the City of Sydney

Land and Environment Court New South Wales Medium Neutral Citation: Comino v Council of the City of Sydney [2014] NSWLEC 1211 Hearing dates:10 October, 2014Decision date: 15 October 2014 Jurisdiction:Class 1Before: O'Neill C Decision: 1. The appeal is dismissed.2. Development Application No. D/2014/916 for alterations and additions to an existing commercial building is refused.3. The exhibits, other than exhibit 2, are returned. Catchwords: DEVELOPMENT APPLICATION: alterations and additions to an existing commercial building; impact on heritage significance of heritage items in the vicinity of the site and the Pitt Street Mall Special Character Area. PLANNING PRINCIPLES: review of planning principles by Commissioners; Commissioners consider that the planning principle in Anglican Church Property Trust v Sydney City Council [2003] NSWLEC 353 should no longer be applied. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Anglican Church Property Trust v Sydney City Council [2003] NSWLEC 353 Revelop Projects Pty Ltd v Parramatta City Council [2014] NSWLEC 1167 Category:Principal judgmentParties: Mr Victor Comino (Applicant) Council of the City of Sydney (Respondent) Representation: Ms A Hemmings Barrister (Applicant) Ms M Carpenter Barrister (Respondent) Gadens Lawyers (Applicant) Council of the City of Sydney (Respondent) File Number(s):10597 of 2014 JudgmentCOMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 against the refusal of Development Application No. D/2014/916 (the proposal) for alterations and additions to an existing commercial building at 119 King Street, Sydney (the site) by the Council...