Gan v City of Sydney Council [2021] NSWLEC 1370

Land and Environment Court New South Wales

Medium Neutral Citation: Gan v City of Sydney Council [2021] NSWLEC 1370 Hearing dates: 8 June 2021 Date of orders: 25 June 2021 Decision date: 25 June 2021 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is dismissed. (2) The development application D/2020/347 for alterations and additions to a mixed use building at 480 Bourke Street, Surry Hills, is refused. (3) The exhibits are returned. Catchwords: APPEAL – alterations and additions to a contributory building in a heritage conservation area – third-storey addition – breach of height and FSR development standards – character of the area – heritage character – adequacy of the request Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.3, 8.7 Land and Environment Court Act 1979, s 39 Sydney Local Environmental Plan 2012, cll 4.3, 4.4, 4.6, 5.10, Part 7 Div 1 Cases Cited: Abrams v Council of the City of Sydney [2019] NSWLEC 1583 Buyozo Pty Limited v Ku-ring-gai Council [2021] NSWLEC 2 Chen v Auburn City Council [2015] NSWLEC 1379 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Landcorp Australia Pty Ltd v Council of the City of Sydney [2020] NSWLEC 174 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Sydney Development Control Plan 2012 Category: Principal judgment Parties: Harold Gan (Applicant) City of Sydney Council (Respondent) Representation: Counsel: N Eastman (Applicant) A Singh (Solicitor) (Respondent)