Sekulovska v The Council of the City of Sydney [2021] NSWLEC 1613

Land and Environment Court New South Wales

Medium Neutral Citation: Sekulovska v The Council of the City of Sydney [2021] NSWLEC 1613 Hearing dates: 1-2 September 2021; supplementary written submissions 6-7 September 2021 Date of orders: 19 October 2021 Decision date: 19 October 2021 Jurisdiction: Class 1 Before: Bradbury AC Decision: The Court orders that: (1) The appeal is dismissed. (2) Development Application No. D/2020/1058 for demolition of an existing dwelling house, and construction of a pair of semi-detached dwellings with basement car parking on Lots 29 and 30 Sec 2 DP 1169 known as 27 Bray Street, Erskineville is refused. (3) The exhibits are returned with the exception of Exhibits A, B and H. Catchwords: DEVELOPMENT APPLICATION – Semi-detached dwellings with basement parking – infill development – heritage impacts – impact on heritage conservation area – impact on streetscape – whether the development exhibits design excellence – appeal dismissed Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7(1) Environmental Planning and Assessment Regulation 2000, cl 55, Sch 1, cl 2A Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land Sydney Local Environmental Plan 2012, cll 4.3, 4.4, 5.10 and 6.21 Cases Cited: Aloke Holdings Pty Ltd v City of Sydney Council [2019] NSWLEC 1177 Gomon Pty Ltd v Council of the City of Sydney [2019] NSWLEC 116 Madss Properties No 2 Pty Ltd ATF Newtown Property Trust (No 2) v Blacktown City Council [2019] NSWLEC 126 MGT 6 Pty Ltd v City of Sydney Council [2017] NSWLEC 1211 Texts Cited: AS/NZS 2890.1:2004 Parking facilities - Off-street car parking Sydney Development Control Plan 2012 Category: Principal judgment Parties: Natalie Sekulovska (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: A Gough (Solicitor) (Applicant) A Singh (Solicitor) (Respondent)