Lindsay Bennelong Developments Pty Ltd v Council of the City of Sydney

Land and Environment Court New South Wales Medium Neutral Citation: Lindsay Bennelong Developments Pty Ltd v Council of the City of Sydney [2016] NSWLEC 1064 Hearing dates:23-24 November 2015Date of orders: 23 February 2016 Decision date: 23 February 2016 Jurisdiction:Class 1Before: Tuor C Decision: (1)   The appeal is upheld;(2)   The development application (D/2014/1587) for demolition of the existing buildings and construction of a five level residential flat building over basement parking and associated landscaping at 18-28 Neild Avenue, Darlinghurst, is approved subject to the conditions in Annexure A.(3)   The exhibits, except Exhibits 1 and C, may be returned. Catchwords: DEVELOPMENT APPLICATION: Residential flat building. Consistency with “staged” development consent. Legislation Cited: Environmental Planning and Assessment Act 1979; Land and Environment Court Act; Sydney Local Environmental Plan 2012; South Sydney Local Environmental Plan 1998; State Environmental Planning Policy No. 65 - Design Quality of Residential Flat Development. Cases Cited: Moss v Kiama Municipal Council [2003] NSWLEC 165 Newbury District Council v Secretary of State for the Environment [1981] AC 578 Waverley Council v Hairis Architects [2002] NSWLEC 180 Category:Principal judgmentParties: Lindsay Bennelong Developments Pty Ltd (Applicant)   Council of the City of Sydney (Respondent) Representation: Counsel: Mr P Tomasetti SC (Applicant)   Mr P Clay SC (Respondent)   Solicitors: Mr T March, Allens (Applicant)   Mr A Simpson, Council of the City of Sydney (Respondent) File Number(s):10414 of 2015Judgment Lindsay Bennelong Developments Pty Ltd (applicant) is appealing under s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the deemed refusal of...