Patrick Campion, Chairman trading as City Tattersall's Club v The Council of the City of Sydney [2017] NSWLEC 1265

Patrick Campion, Chairman trading as City Tattersall's Club v The Council of the City of Sydney [2017] NSWLEC 1265

The Court refused consent because the demolition works proposed for the lower bar at 198-200 Pitt Street would detrimentally impact the heritage significance of that item, including the intact and rare Turner structural system and its decorative use. Although the proposal included conservation works and continued...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
30 May 2017
Procedural Posture
Class 1 Development Appeal Against Deemed Refusal of Development Application D/2015/1214 / Principal Judgment After Conciliation Conference Was Terminated and Hearing of Amended Stage 1 Development Application Concept Proposal
Outcome
Appeal dismissed; development application refused.
Legal Topics
['stage 1 Development Application Concept Proposal' 'impact on Heritage Significance' 'demolition of Heritage Fabric' 'design Excellence' 'vehicular Access and Servicing' 'preconditions to Development Consent' 'costs for Amended Applications']
['planning and Environment Law' 'heritage Conservation' 'development Consent'] ['stage 1 Development Application Concept Proposal' 'impact on Heritage Significance' 'demolition of Heritage Fabric' 'design Excellence' 'vehicular Access and Servicing' 'preconditions to Development Consent' 'costs for Amended Applications']

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Procedural Posture

Class 1 Development Appeal Against Deemed Refusal of Development Application D/2015/1214 / Principal Judgment After Conciliation Conference Was Terminated and Hearing of Amended Stage 1 Development Application Concept Proposal

Legal Issues

  1. 1 ['Whether the impact of the proposed development on the heritage significance of the items on the subject site was acceptable.' 'Whether the vehicular access off Pitt Street to service the development was satisfactory.' 'Whether the Stage 1 Concept Development Application provided sufficient certainty and warranted approval.' 'Whether the remaining preconditions to consent were met.']

Ratio Decidendi

The Court refused consent because the demolition works proposed for the lower bar at 198-200 Pitt Street would detrimentally impact the heritage significance of that item, including the intact and rare Turner structural system and its decorative use. Although the proposal included conservation works and continued club use, those benefits did not overcome the unacceptable heritage impact. The Court was not satisfied under Sydney Local Environmental Plan 2012 cl 5.10(4), a precondition to consent, and therefore had no power to grant consent.

Court Disposition

Appeal dismissed; development application refused.

Orders

  • ['The applicant is granted leave to rely on amended plans.' 'No order as to costs.' 'The appeal is dismissed.' 'Development application DA D/2015/1214 for a Stage 1 Development Application concept proposal of a mixed use podium and tower with a height of up to 168m (RL 187.04), vehicular access from Pitt Street for...