Kolb v City of Sydney Council [2020] NSWLEC 1343

Land and Environment Court New South Wales

Medium Neutral Citation: Kolb v City of Sydney Council [2020] NSWLEC 1343 Hearing dates: 1, 2 and 21 July 2020 Date of orders: 04 August 2020 Decision date: 04 August 2020 Jurisdiction: Class 1 Before: Morris AC Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application D/2018/591 for demolition of an existing dwelling house, subdivision and construction of 2 x 2 storey terrace dwellings at 46 Chisholm Street, Darlinghurst is approved, subject to the conditions in Annexure A. (3) The exhibits, other than exhibits A, B, K and 1, are returned. Catchwords: DEVELOPMENT APPLICATION – demolition of contributory heritage item – subdivision – construction of two dwellings Legislation Cited: Environmental Planning and Assessment Act 1979 Sydney Local Environmental Plan 2012 Cases Cited: Helou v Strathfield Municipal Council (2006) 144 LGERA 322; [2006] NSWLEC 66 Texts Cited: Australian Standard 3660.2:2017 Building Code of Australia National Construction Code 2019 Office of Environment and Heritage, Assessing heritage significance, (July 2001) Sydney Development Control Plan 2012 Category: Principal judgment Parties: Maria Kolb (Applicant) City of Sydney Council (Respondent) Representation: Counsel: M Staunton (Applicant) D Bick (Solicitor) (Applicant) J Lazarus SC (Respondent) P Canning (Solicitor) (Respondent)