GGD Danks Street P/L and CR Danks Street P/L v Council of the City of Sydney

Land and Environment Court New South Wales Medium Neutral Citation: GGD Danks Street P/L and CR Danks Street P/L v Council of the City of Sydney [2015] NSWLEC 1521 Hearing dates:3-4 November, 2015Date of orders: 15 December 2015 Decision date: 15 December 2015 Jurisdiction:Class 1Before: O’Neill C Decision: 1. The appeal is upheld.2. Development Application No. D/2014/1841 for a five storey mixed use development consisting of 40 residential car parking spaces, ground level commercial tenancies and 42 residential apartments at 2-6 Danks Street, Waterloo is approved, subject to the conditions of consent at Annexure ‘A’.3. The exhibits, other than exhibit E, are returned. Catchwords: DEVELOPMENT APPLICATION: mixed use development; exceedance of the floor space ratio and height development standards; amenity of the apartments; amenity and quantity of common open space. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Category:Principal judgmentParties: GGD Danks Street P/L and CR Danks Street P/L (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: Mr S. Kondilios solicitor (Applicant) Ms A. Pearman barrister (Respondent) Solicitors: Hall and Wilcox Solicitors (Applicant) Council of the City of Sydney (Respondent) File Number(s):10319 of 2015Judgment COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No D/2014/1841 for a five storey mixed use development consisting of 40 residential car parking spaces, ground level commercial...