Way Ming International Holdings Pty Ltd v The Council of the City of Sydney [2026] NSWLEC 1604
Before: O’Neill C · NSW Land and Environment Court
Summary
This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the refusal of Development Application No D/2025/646 for site consolidation, demolition of part of the existing structures on the site, and construction and use of a 13-storey building comprising a mixed-use development, at 768 and 770-772 George Street, Haymarket (the site), by the Council of the City of Sydney (the Council). The appeal was subject to conciliati
Catchwords
DEVELOPMENT APPLICATION – adaptive re-use and addition to a local heritage item, the GIO Building – detrimental impact on the heritage significance of the heritage item
Outcome
The orders of the Court are: (1) The Applicant is to pay the Respondent’s costs thrown away as a result of the amendment of the application on 5 August 2026 pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), as agreed or assessed. (2) The appeal is dismissed. (3) Development Application No D/2025/646 for site consolidation, demolition of part of the existing structures on the site, and construction and use of a 13-storey building comprising a mixed-use development, at 768 and 770-772 George Street, Haymarket, is refused. (4) The exhibits, other than Exhibits 1 and A are returned.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 3.43, 4.15, 8.7, 8.15 Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2021 (NSW), s 38 Sydney Local Environmental Plan 2012, cll 4.3, 4.4, 4.6, 5.10, 6.4, 6.5, 6.8, 6.10, 6.21B, 6.21C
Read the full judgment
Authoritative text on NSW Caselaw · ~68k words
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