Legal Research
Cases
Landcorp Australia Pty Ltd v The Council of the City of Sydney

Landcorp Australia Pty Ltd v The Council of the City of Sydney

Case [2020] NSWLEC 174

No judgment structure available for this case.

Type to search within this case.

This content is currently unavailable.

Details

AGLC: Landcorp Australia Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 174
Case: [2020] NSWLEC 174
Decision Date: 14 December 2020

CaseChat Overview and Summary

AI summary not yet generated for this case.

Orders

Orders of the court

See paragraphs 130 and 131

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Actions

Citations

Landcorp Australia Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 174

Most Recent Citation

Mina v City of Parramatta Council [2021] NSWLEC 1296

Cases Citing This Decision

Potter v Woollahra Municipal Council [2025] NSWLEC 1650
Citation 1 (Para 23)

…of development control request is not required, as per Justice Duggan’s decision in Landcorp Australia Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 174 [39]-[41].…
Malass v Strathfield Municipal Council (No 2) [2025] NSWLEC 82
Citation 2 (Para 13)

…20 DA, namely that no cl 4.6 variation of the FSR controls was required relying on Landcorp Australia Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 174; May judgment at [42]. That a new argument was to be made was one of the matters that I weighed up.…
Araiji v Wollongong City Council [2025] NSWLEC 1368
Citation 3 (Para 7)

…etailed in: Bettar v Council of the City of Sydney [2014] NSWLEC 1070 at [37]-[39] and Landcorp Australia Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 174.…
Malass v Strathfield Municipal Council [2025] NSWLEC 44
Citation 4 (Para 27)

…the Council’s notice of motion that a cl 4.6 application is not required, relying on Landcorp Australia Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 174 ( Landcorp) . That is a new argument that could have been made in Malass 2022 and was not.…
ATG Carlton Pty Ltd v Georges River Council [2025] NSWLEC 1107
Citation 5 (Para 4)

…ard in cl 4.3 of GRLEP21 and therefore no variation request is required to be filed. ( Landcorp Australia Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 174 at [52] – [59].…
Landmark Group Australia Pty Limited v Sutherland Shire Council [2025] NSWLEC 1002
Citation 6 (Para 24)

…The parties jointly rely upon the decision in Landcorp Australia Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 174 (Landcorp), at [55], to the effect that the development as proposed in the DA is not development that contributes to or is altering the height of the building or buildings. As such, justific…
Henroth Pty Ltd v Canterbury-Bankstown Council [2024] NSWLEC 1700
Citation 7

…C 118 Kentucky Fried Chicken Pty Ltd v Gantidis (1979) 140 CLR 675 Landcorp Australia Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 174 Maygood Australia Pty Ltd v Willoughby City Council [2013] NSWLEC 142 NCV Enterprises Pty Ltd v Tweed Shire Council [2024] NSWLEC 14 North Sydney Council v Michael Stand…
Connolly v Waverley Council [2024] NSWLEC 1580
Citation 8 (Para 47)

…Mr Pickles SC relies on the decisions of Landcorp Australia Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 174 ( Landcorp ) at [56]-[57] and Investa Nominees (2) Pty Ltd v City of Sydney Council [2024] NSWLEC 1048 at [85]-[89] ( Investa ).…
Investa Nominees (2) Pty Ltd v City of Sydney Council [2024] NSWLEC 1048
Citation 9 (Para 37)

…The Applicant relies upon the decision of Justice Duggan Landcorp Australia Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 174 ( Landcorp ). In Landcorp, Justice Duggan dealt with a similar issue, except the relevant control was the height of the subject building on the Respondent’s Height Control Map, an…
Assaad v Ku-ring-gai Council [2023] NSWLEC 1692
Citation 10 (Para 1)

…ravenes the FSR development standard, and, consistent with the decision of Duggan J in Landcorp Australia Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 174, a written request pursuant to cl 4.6 of the KLEP is not required.…
Pillion v Waverley Council [2023] NSWLEC 1660
Citation 11 (Para 11)

…ucture exceeds the height standard of 8.5m at cl 4.3 of the WLEP, however, as shown in Landcorp Australia Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 174, at [60(3)], as the DA as now amended is not development for a building that exceeds the maximum height shown for the land, the development standard…
Rahme v Canterbury-Bankstown Council [2023] NSWLEC 1639
Citation 12

…ironmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Cases Cited: Landcorp Australia Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 174 Category: Principal judgment Parties: Charbel Rahme (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: H Irish (Applicant) A Jucha…
Double Arts Properties Pty Ltd v Northern Beaches Council [2023] NSWLEC 1003
Citation 13 (Para 2)

…the Parties submit, and I agree (per Duggan J in Landcorp Australia Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 174 at [58]), that because no new works are proposed above the 9.5m HoB development standard applicable to development on the Subject Site, no request to vary this HoB standard is required pu…
Salmon v Mosman Municipal Council [2022] NSWLEC 1722
Citation 14 (Para 34)

…To this end, the Applicant took the Court to the decision of Duggan J in Landcorp Australia Pty Ltd v Council of the City of Sydney [2020] NSWLEC 174 (Landcorp Australia) to submit that, as in the circumstances of that case, the components of the development evidently in breach of the development standards at [32],…
Bondi Beachside Pty Limited v Waverley Council [2022] NSWLEC 1355
Citation 15 (Para 27)

…ard at cl 4.4. Further, that the principle established in the decision of the Court in Landcorp Australia Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 174 at [58] (‘ Landcorp v City of Sydney ’) does not apply.…
Gan v City of Sydney Council [2021] NSWLEC 1370
Citation 16 (Para 55)

…y breaches both development standards (relying on a decision in differing circumstances in Landcorp Australia Pty Ltd v Council of the City of Sydney [2020] NSWLEC 174). Mr Eastman, counsel for Mr Gan, indicated that this is not relied upon, and in my view such an argument is not sustainable. The circumstances in La…
Mina v City of Parramatta Council [2021] NSWLEC 1296
Citation 17 (Para 19)

…written submissions at par 23 the Applicant relies on the decision of Duggan J in Landcorp Australia Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 174 at [40] for the submission that the context of the term ‘building’ in the FSR Development Standard indicated a new building that affects the breach of th…

Cases Cited

Statutory Material Cited

Environment Protection Authority v Grafil Pty Ltd; Environment Protection Authority v Mackenzie [2019] NSWCCA 174
Citation 1 (Para 46)

…. The proper approach to the construction of statutory instruments is the same as for legislation : Environment Protection Authority v Grafil Pty Ltd (2019) 101 NSWLR 245 at [257]. In broad terms the meaning is to be determined from both the text and the context of the provision and where a construction would promote t…
Bunnings Pty Ltd v Auburn Council [2004] NSWCA 224
Citation 2 (Para 26)

…In support of this submission the Council relied upon the decision in Bunnings Pty Ltd v Auburn Council (2004) 134 LGERA 386 at [51] where it was held by Pearlman AJA that:…

AI Chat coming soon