McGargill v The Council of the City of Sydney [2020] NSWLEC 1396

Land and Environment Court New South Wales

Medium Neutral Citation: McGargill v The Council of the City of Sydney [2020] NSWLEC 1396 Hearing dates: 14 July 2020 Date of orders: 10 September 2020 Decision date: 28 August 2020 Jurisdiction: Class 1 Before: Gray C Decision: Proceedings 2020/21734 The Court orders that: (1) The appeal is dismissed. (2) The exhibits are returned, except for Exhibits A and B. Proceedings 2020/55187 The Court orders: (1) That the development control order dated 30 January 2020, file reference HBC/2019/221, is modified pursuant to s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979 to the form of modified development control order annexed to these orders and marked "A". Catchwords: APPEAL – modification application – modification granted by the Council with a condition imposed – condition required upper floor rear addition to be reduced to what was originally approved – application of the relevant development control plan – control requires that additions respect the predominant rear building line - whether flexibility should be exercised APPEAL – development control order – demolish works order – order remains appropriate – extended to provide additional time for compliance Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Sydney Local Environmental Plan 2012 Cases Cited: Stockland Development Pty Ltd v Manly Council (2004) 136 LGERA 254; [2004] NSWLEC 472 Zhang v Canterbury City Council (2001) 51 NSWLR 589; [2001] NSWCA 167 Texts Cited: Sydney Development Control Plan 2012 Category: Principal judgment Parties: Sean McGargill (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: N Eastman (Applicant) A Singh (Solicitor) (Respondent)