[2026] NSWLEC 1327Class 1 — merit appealminor

GPT Funds Management Limited v The Council of the City of Sydney; Icon Project Management Pty Ltd v The Council of the City of Sydney

June 4th, 2026 · before Targett C · file 2025/400301

Outcome

All three appeals were upheld and development consents were modified pursuant to s 4.55(1A) of the Environmental Planning and Assessment Act 1979 (NSW), with revised conditions approved.

GPT Funds Management and Icon Project Management sought to modify three development consents granted by the City of Sydney for a building project. The modifications involved reconfiguring basement facilities, updating floor space definitions in conditions from the superseded Local Environmental Plan 1996 to the current Sydney Local Environmental Plan 2012, and removing stairs and infilling voids on multiple levels. The Court upheld all three appeals and approved the modifications with revised conditions.

For practice: These routine modification applications show that Courts will approve consents modified to reflect updated planning definitions and administrative changes where parties are agreed. Councils should be prepared to update older conditions that reference superseded planning instruments when modification applications are made. This signals no change to assessment principles but reflects standard practice in managing long-standing developments subject to changing legislative frameworks.

Catchwords · verbatim

A PPEAL – Modification Applications – conciliation conference – agreement between the parties – orders

Decision · verbatim

Proceedings No 2025/400301 The Court orders that: (1) The appeal is upheld. (2) Development Consent No. D/2007/1792 is modified pursuant to s 4.55( 1A ) of the Environmental Planning and Assessment Act 1979 (NSW) in the terms in Annexure A. (3) Modification application N o. D/2007/1 792/P to modify development consent D/2007/1792 granted by T he Council of the City of Sydney on 6 December 2007 which seeks to reconfigure the existing Level B2 basement to facilitate the upgrade of the current End of Trip Facilities is approved, subject to the conditions set out in Annexure B (in blue text) . Proceedings No 2025/400307 The Court orders that: (1) The appeal is upheld. (2) Development Consent No. D/2012/1845 is modified pursuant to s 4.55( 1A ) of the Environmental Planning and Assessment Act 1979 (NSW) in the terms in Annexure C. (3) Modification application N o. D/2012/1845/A to modify development consent D/2012/1845 granted by the City of Sydney Council on 11 January 2013 to amend C ondition 8 and replace the reference to "Floor Space Area" (as defined under the City of Sydney Local Environmental Plan 1996) with "Gross Floor Area" (as defined under the Sydney Local Environmental Plan 2012) is granted, subject to the conditions set out in Annexure D . Proceedings No 2025/400318 The Court orders that: (1) The appeal is upheld. (2) Development Consent No. D/2007/1792 is modified pursuant to s 4.55( 1A ) of the Environmental Planning and Assessment Act 1979 (NSW) in the terms in Annexure E. (3) Modification application N o. D/2007/1792/Q to modify development consent D/2007/1792 granted by t he Council of the City of Sydney on 6 December 2007 which seeks to remove stairs and infill voids on the ground floor and L evels 5 to 42 (with the exception of level 29); and, amend C ondition 16 to replace the reference to " Floor Space Area " (as defined under the City of Sydney Local Environmental Plan 1996) with "Gross Floor Area" (as defined under the Sydney Local Environmental Plan 2012) is approved, subject to the conditions set out in Annexure B (in red text) .

Legislation cited

Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.55, 8.9, 8.10
Land and Environment Court Act 1979 (NSW), ss 17, 34
Central Sydney Local Environmental Plan 1996
Environmental Planning and Assessment Regulation 2021 (NSW), s 113
Sydney Local Environmental Plan 201 2, cll 4.3, 4.4

Unofficial plain-English summary of a published decision; first-instance decisions may be subject to appeal. Read the full judgment at NSW Caselaw · Source last checked July 16th, 2026