NFF at 410 Pitt Street Pty Ltd v Council of the City of Sydney

Land and Environment Court New South Wales Medium Neutral Citation: NFF at 410 Pitt Street Pty Ltd v Council of the City of Sydney [2016] NSWLEC 1181 Hearing dates:21-22 March, 2016Date of orders: 19 May 2016 Decision date: 19 May 2016 Jurisdiction:Class 1Before: O’Neill C Decision: 1. The appeal is upheld.2. Development Application No. D/2015/661 for Stage 1 building envelope for a new 31 storey accommodation hotel at 410 Pitt Street, Haymarket, is approved, subject to the conditions of consent at Annexure A.3. The exhibits, other than exhibits 11, A and B, are returned. Catchwords: DEVELOPMENT APPLICATION: demolition of existing boarding house and Stage 1 building envelope proposal for a 31 storey hotel; suitability of the site for a tower development; amenity impact on neighbouring residential building; financial viability of the existing boarding house; traffic impact; waste management; design excellence. Cases Cited: Meriton Properties Management Pty Ltd v Sydney City Council (2004) 140 LGERA 144 Category:Principal judgmentParties: NFF at 410 Pitt Street Pty Ltd (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: Mr A. Galasso SC (Applicant) Ms A. Pearman barrister (Respondent)   Solicitors: Mills Oakley Lawyers (Applicant) Council of the City of Sydney (Respondent) File Number(s):10752 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 deemed refusal of Development Application No. D/2015/661 for the demolition of a 74 room boarding house and Stage 1 building envelope of a new 33 storey...