GPT Funds Management Limited v The Council of the City of Sydney; Icon Project Management Pty Ltd v The Council of the City of Sydney [2026] NSWLEC 1327
Before: Targett C · NSW Land and Environment Court
Summary
APPEAL – Modification Applications – conciliation conference – agreement between the parties – orders
Catchwords
APPEAL – Modification Applications – conciliation conference – agreement between the parties – orders
Outcome
Proceedings No 2025/400301 The Court orders that: (1) The appeal is upheld. (2) Development Consent No. D/2007/1792 is modified pursuant to s 4.55(1A) of the Environmental Planning and Assessment Act 1979 (NSW) in the terms in Annexure A. (3) Modification application No. D/2007/1792/P to modify development consent D/2007/1792 granted by The Council of the City of Sydney on 6 December 2007 which seeks to reconfigure the existing Level B2 basement to facilitate the upgrade of the current End of Trip Facilities is approved, subject to the conditions set out in Annexure B (in blue text). Proceedings No 2025/400307 The Court orders that: (1) The appeal is upheld. (2) Development Consent No. D/2012/1845 is modified pursuant to s 4.55(1A) of the Environmental Planning and Assessment Act 1979 (NSW) in the terms in Annexure C. (3) Modification application No. D/2012/1845/A to modify development consent D/2012/1845 granted by the City of Sydney Council on 11 January 2013 to amend Condition 8 and replace the reference to “Floor Space Area” (as defined under the City of Sydney Local Environmental Plan 1996) with “Gross Floor Area” (as defined under the Sydney Local Environmental Plan 2012) is granted, subject to the conditions set out in Annexure D. Proceedings No 2025/400318 The Court orders that: (1) The appeal is upheld. (2) Development Consent No. D/2007/1792 is modified pursuant to s 4.55(1A) of the Environmental Planning and Assessment Act 1979 (NSW) in the terms in Annexure E. (3) Modification application No. D/2007/1792/Q to modify development consent D/2007/1792 granted by the Council of the City of Sydney on 6 December 2007 which seeks to remove stairs and infill voids on the ground floor and Levels 5 to 42 (with the exception of level 29); and, amend Condition 16 to replace the reference to “Floor Space Area” (as defined under the City of Sydney Local Environmental Plan 1996) with “Gross Floor Area” (as defined under the Sydney Local Environmental Plan 2012) is approved, subject to the conditions set out in Annexure B (in red text).
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.55, 8.9, 8.10 Land and Environment Court Act 1979 (NSW), ss 17, 34 Central Sydney Local Environmental Plan 1996 Environmental Planning and Assessment Regulation 2021 (NSW), s 113 Sydney Local Environmental Plan 2012, cll 4.3, 4.4
Read the full judgment
Authoritative text on NSW Caselaw · ~35k words
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