Australia, June 5 -- New South Wales Land and Environment Court issued text of the following judgement on May 6:

1. COMMISSIONER: Pursuant to the provisions of s 4.55 of the Environmental Planning and Assessment Act 1979 (EPA Act), these proceedings concern two separate appeals - heard together by order of the Registrar of the Court - both of which relate to existing development consents for land at 5-7 Bourke Road, Alexandria (the site) controlled by Haralambis Constructions Pty Ltd (the Applicant).

The Concept Consent - proceedings 2024/463769

2. The first appeal deals with the deemed refusal of Modification Application D2018/1208/A (the Concept MA), made to the Council of the City of Sydney (the Respondent). The Concept MA seeks to amend an existing Concept Consent, D2018/1208 (the Concept DA). The Concept DA in turn establishes a building envelope for office premises, shop and car parking at the site.

3. The Concept MA seeks approval for an increase in the maximum height of the building envelope from 35m to 43.6m with a corresponding increase in the number of storeys from 9 to 10, and a reduction to the extent and depth of excavation of the basement level.

4. The Respondent granted consent to the Concept DA on 5 June 2019. The Concept MA was lodged with the Respondent on 26 October 2024.

The Stage Two Consent - proceedings 2024/463778

5. The second appeal deals with the deemed refusal of Modification Application D2019/1195/A (the Stage Two MA), also made to the Respondent. The Stage Two MA seeks to amend an existing Stage Two Consent, D2019/1195 (the Stage Two DA). The Stage Two DA grants consent for the demolition of the existing structures on site and the construction of a new nine-storey commercial office and retail building.

6. The Stage Two MA seeks approval for the following alterations and additions to the Stage Two DA:

1) Increase in building height from 35m to 43.6m and from nine to ten storeys.

2) Relocation of parking from the basement level to level 2.

3) The reduction of the size of the basement level and the required excavation.

4) The provision of an accessible communal landscaped terrace on the rooftop.

5) Changes to the proposed stormwater and landscape design.

6) Other minor changes to the design of the development.

7. Consent for the Stage Two DA was granted by this Court on 12 November 2020 in proceedings Haralambis Construction Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 1555. The Stage Two MA was lodged with the Respondent on 31 October 2024.

The Conciliation Conference

8. The Court arranged a conciliation conference under s 34 of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on 7 March, 21 March and 28 March 2025. I presided over the conciliation conference.

9. During the conciliation conference, the parties reached agreement as to the terms of a decision in the two proceedings that would be acceptable to the parties. The agreement involves the Court upholding the appeals and granting approval to two amended MAs, subject to conditions.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1968e3ccf3b2bd530eed4f74)

Disclaimer: Curated by HT Syndication.