Epson Property Group Pty Ltd v Council of the City of Sydney

Land and Environment Court New South Wales Case Name:  Epson Property Group Pty Ltd v Council of the City of Sydney Medium Neutral Citation:  [2015] NSWLEC 1063 Hearing Date(s):  19 February 2015 Date of Orders: 19 February 2015 Decision Date:  19 February 2015 Jurisdiction:  Class 1 Before:  Hussey AC Decision:  Consent orders (1)The applicant is granted leave to rely on the amended drawings identified in conditions (1)(a) of Annexure A. (2)The appeal is upheld. (3)Development consent is granted to Development Application D/2014/731 (as amended) subject to conditions annexed and marked “Annexure A” (4)The exhibits be returned except for A, B, 1 and 2. Catchwords:  Development application: Alterations to a mixed use development, excessive height, FSR and overdevelopment of the site. Legislation Cited:  Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No 55-Remediation of Land Sydney Development Control Plan (“SDCP 2012”) State Environmental Planning Policy 70 Affordable Housing (Revised Schemes) State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Sydney Local Environmental Plan 2012 (“SLEP 2012”) State Environmental Planning Policy No 65 Design Quality of Residential Flat Developments ("SEPP 65”) Category:  Principal judgment Parties:  Epson Property Group Pty Ltd (Applicant) Council of the City of Sydney (Respondent) Representation:  Counsel: Ms S Duggan SC (Applicant) Ms F Berglund (Respondent) Solicitors: Conomos Legal (Applicant) City of Sydney Council (Respondent) File Number(s):  10553 of 2014 EXTEMPORE JUDGMENTThis decision was given as an extemporaneous decision. It has been revised and edited prior to publication.BackgroundThis appeal was lodged...