Toohey Miller is going again with its Art Deco-inspired Darlinghurst residential project that was refused by the City of Sydney last year.
The developer, no stranger to the difficulties of planning and indeed the Land and Environment Court system, has filed the appeal with that court over the refusal of its application for the proposed development at 329 Liverpool Street.
The $27-million project was rejected by the city in November.
When the project was filed in September, 2022, Toohey Miller’s development application described it as a “modern interpretation” of inner-city Sydney’s landmark Art Deco apartment buildings.
The city argued that the application had not adequately demonstrated why the project should contravene maximum permitted height and street frontage height limits.
According to the City of Sydney’s notification letter at the time, the plan “does not reinforce the existing or future character of the locality”.
The site adjoins 379 Liverpool Street, home of Mont Clair, an Art Deco apartment building from 1938 that is included in the Royal Australian Institute of Architect’s register of 20th-century buildings of significance.
The council also questioned whether the proposal demonstrated design excellence, saying that it has “a form and external appearance that will detract from the quality and amenity of the public domain” as well as affecting views from neighbouring private properties.
It detailed a list of issues including a lack of adequate sustainability measures and design of communal open spaces.
The updated plans reduce floor-to-floor heights on every level so that the overall height of the building is reduced, and the parapet facade of the original plans have been lowered.
Basements and ground level frontages have been reduced, and the facade detailing has been amended to be “more sympathetic to surrounding typologies”.
Vehicle access has also been configured and pedestrian access from Darley Lane removed.
The updated plans have been on exhibition ahead of a hearing with the Land and Environment Court, and following a Statement of Facts and Contentions made in January.
Toohey Miller is more than familiar with the appeal process in New South Wales—this year it appealed to have its Elizabeth Bay plans approved.
Alongside developer Third.i, it also managed last year to successfully appeal against the rejection of a Potts Point apartment building.
