Stamford Property Services Pty Ltd v City of Sydney

Land and Environment Court New South Wales Medium Neutral Citation: Stamford Property Services Pty Ltd v City of Sydney & Anor [2015] NSWLEC 1189 Hearing dates:29, 30 January, 2, 3, 4 February 2015Date of orders: 28 May 2015 Decision date: 28 May 2015 Jurisdiction:Class 1Before: Pearson C and Smithson AC Decision: 1. The appeal is dismissed.2. Development Application D/2013/2011 for the retention and adaptive re-use of the former Department of Health building; partial retention and re-use of part of the Sir Stamford Hotel building; construction of a 19 storey tower building accommodating residential apartments, retail/commercial floor space and basement car parking spaces; and ancillary landscaping and public domain improvement works, at 93-97 Macquarie Street, Sydney, is refused.3. The exhibits are returned except for Exhibits A, C1, C13 and M1. Catchwords: DEVELOPMENT APPLICATION – Retention and adaptive re-use of heritage building – Construction of residential and commercial tower – Whether exhibiting design excellence – Competitive design process - Whether site specific development control plan required – Building setbacks – Height control - Special Conservation Area – Impacts on heritage items – View impacts – Internal amenity – Privacy Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Heritage Act 1977 Interpretation Act 1987 City of Sydney Act 1988 State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development Central Sydney Local Environmental Plan 1996 Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (Northern Territory) (2009) 239 CLR 27 Al-Kateb...