JHP Property Development Pty Ltd v The Council of the City of Sydney [2026] NSWLEC 1381
Before: Horton C · NSW Land and Environment Court
Summary
This appeal is brought under s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) following the refusal by the Council of the City of Sydney of development application No. D/2024/1237 seeking consent for the partial demolition of an existing building and construction of a 7-storey mixed use development comprising ground floor retail premises and residential units above, rooftop communal open space and swimming pool at 89 Macleay Street, Potts Point. On 19 June 2026, the Co
Catchwords
DEVELOPMENT APPLICATION —: shop top housing development in MU1 mixed use zone —– conciliation conference —– agreement between the parties —- orders
Outcome
The Court orders that: (1) The Applicant is to pay the Respondent's costs pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW) in the agreed amount of $2,000 within 28 days of the receipt of an invoice. (2) The request pursuant to cllause 4.6 of the Sydney Local Environmental Plan 2012 to vary the development standard for the height of building control as prepared by Planning & Co dated 27 February 2026 is upheld (3) The appeal is upheld. (4) Development Application D/2024/1237, as amended, for the substantial demolition of the existing building and construction of a 6-storey mixed use development comprising retail and residential on the ground floor and 5 levels of residential apartments, rooftop open space and a swimming pool at 89 Macleay Street, Potts Point, is determined by the grant of consent subject to conditions set out in 'Annexure A'.
Legislation cited
Architects Act 2003 (NSW) Environmental Planning and Assessment Act 1979 (NSW), ss 4.16, 8.7, 8.15 Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2021 (NSW), ss 29, 38, Sch 7 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.6, 6.7, 6.8, 6.9, 6.10Architects Act 2003 State Environmental Planning Policy (Housing) 2021, Pt 3, Ch 2, ss 47, 48, 147, 148, 149, Sch 9 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 6.6, 6.7, 6.8, 6.9 State Environmental Planning Policy (Sustainable Buildings) 2022, s 2.1 Sydney Local Environmental Plan 2012, cll 4.3, 4.4, 4.6, 5.10, 6.21C, 7.2, 7.5, 7.7, 7.13, 7.14, Sch 5
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Authoritative text on NSW Caselaw · ~23k words
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