Operator News
Australia – Crown wins out in battle for Barangaroo’s VIP ‘sightlines’
By Phil - 17 December 2018
Australian operator Crown Resorts has scored a vital win as it looks for uninterrupted Harbour views from its planned Barangaroo VIP casino.
Crown took legal action against New South Wales Government in the Commercial List of the Supreme Court of New South Wales concerning new developments at Central Barangaroo that could block out views of the Opera House and Harbour Bridge.
The NSW Supreme Court ruled that the state-run Barangaroo Delivery Authority breached its agreement to protect the ‘sight lines’ to the Opera House and Harbour Bridge.
The Proceedings against the Barangaroo Delivery Authority sought injunctive relief and declarations against the BDA that, in substance, require the BDA to comply with a number of its contractual obligations under the Crown Development Agreement (CDA), including obligations to consult with Crown about any application for the proposed development of Central Barangaroo that differs from that provided for in the relevant Concept Plan for Central Barangaroo in existence at the time the CDA was entered into; and negotiate in good faith and agree with Crown and Lendlease any required changes to that application with the aim of ensuring that sight lines across Central Barangaroo from the Harbour Bridge to the Sydney Opera House are retained for the Crown Sydney Hotel Resort.
In its Judgment Summary, the Court said: “The Supreme Court of New South Wales has declared that the Barangaroo Delivery Authority has breached the development agreements between it, Crown Sydney Property, and two Lendlease parties. This was because the Authority had considered various bids to develop Central Barangaroo without first discussing and negotiating, with Crown and Lendlease, ways to retain the sight lines that the Crown and Lendlease buildings would otherwise enjoy to the Harbour Bridge and Opera House.”
Justice Robert McDougall said “This was because the authority had considered various bids to develop Central Barangaroo without first discussing or negotiating with Crown and Lendlease ways to retain the sight lines that the Crown and Lendlease buildings would otherwise enjoy to the Harbour Bridge and Opera House. The development agreements include provisions designed to protect those sight lines and views.”
