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Class 1 — Merit appeal The Council of the City of Sydney 22 October 2026

Nikolaidis Holdings Pty Ltd v The Council of the City of Sydney [2026] NSWLEC 1707

Before: Starr AC · NSW Land and Environment Court

HeritageCharacter / StreetscapePrivacyTraffic / ParkingConciliation / AgreementDemolition

Summary

This is an appeal against a refusal by the Council of the City of Sydney (the Council) of an application to modify a development consent No D/2021/1478/B (Modification Application) pursuant to the provisions of s 4.55(2) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act). The Modification Application relates to alterations and additions to an existing residential flat building at 29-33 Ithaca Road, Elizabeth Bay, legally described as Lot 1 in Deposited Plan 135654 (the site).

Catchwords

MODIFICATION APPLICATION – residential flat building – s 4.55 modification application – conciliation conference – agreement between the parties – amended plans and documents – Heritage Conservation Area – contributory item – orders

Outcome

The orders of the Court are: (1) The appeal is upheld. (2) Development Consent No D/2021/1478 is further modified by Modification Application D/2021/1478/B in the terms set out in Annexure A. (3) The terms of the consolidated Development Consent No D/2021/1478, as modified by the Court, is Annexure B.

Legislation cited

Environmental Planning and Assessment Act 1979 (NSW), s 4.55 Land and Environment Court 1979 (NSW), ss 17, 34, 113   City of Sydney Local Environmental Plan 2012, cl 5.10 Environmental Planning and Assessment Regulation 2021 (NSW), ss 98, 100, 102 State Environmental Planning Policy (Housing) 2021, s 147, Ch 4, Sch 9

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