NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Graphio AM v The Council of the City of Sydney [2021] NSWLEC 1219 Hearing dates: 15 April 2021 Date of orders: 4 May 2021 Decision date: 04 May 2021 Jurisdiction: Class 1 Before: Morris AC Decision: The orders of the Court are: (1) The appeal is dismissed. (2) Development Application D/2020/629 which sought consent for external alterations to a heritage listed property including a new off-street car parking space in the front yard, removal of one tree, associated landscaping and works to the front fence at 40 Brown Street, Newtown is refused consent. (3) The exhibits, other than exhibits A, B, C and 1 are returned. Catchwords: DEVELOPMENT APPLICATION – heritage item – impact of carparking within listed garden area and streetscape Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Land and Environment Court Act 1979, s 34AA Sydney Local Environmental Plan 2012, cll 2.3, 5.10, 6.21 Texts Cited: COVID-19 Pandemic Arrangements Policy Sydney Development Control Plan 2012 Category: Principal judgment Parties: Graphio AM (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: D Loether (Solicitor) (Applicant) A Simpson (Solicitor) (Respondent)
Solicitors: Bartier Perry (Applicant) Sydney City Council (Respondent) File Number(s): 2020/267076 Publication restriction: Nil
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