Moisidis v The Council of the City of Sydney [2023] NSWLEC 1218

Land and Environment Court New South Wales

Medium Neutral Citation: Moisidis v The Council of the City of Sydney [2023] NSWLEC 1218 Hearing dates: 6 and 7 February 2023 Date of orders: 09 May 2023 Decision date: 09 May 2023 Jurisdiction: Class 1 Before: Pullinger AC Decision: In relation to proceedings 2022/88816 (the Development Application appeal), the Court orders that: (1) The appeal is dismissed. (2) The exhibits, other than 1, 2, 3, 4, 8, U and V, are returned. In relation to proceedings 2022/88827 (the Building Information Certificate appeal), the Court orders that: (1) The appeal is dismissed. (2) The exhibits, other than 1, 2, 3, 4, 8, U and V, are returned. In relation to proceedings 2022/115594 (the Development Control Order appeal), the Court orders that: (1) The appeal is dismissed. (2) The exhibits, other than 1, 2, 3, 4, 8, U and V, are returned. Catchwords: APPEAL – development application – APPEAL – building information certificate – APPEAL – development control order – unauthorised building work – dwelling house – alterations and additions – heritage conservation – heritage conservation area – design excellence – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.3, 4.15, 8.7, 8.18, 8.25, Div 9.3, Sch 5 Land and Environment Court Act 1979, s 17 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Sydney Local Environmental Plan 2012, cll 2.2, 4.3, 4.6, 5.10, 6.21, Sch 5, Pt 2 Cases Cited: Madss Properties No 2 Pty Ltd ATF Newtown Property Trust (No 2) v Blacktown City Council [2019] NSWLEC 126 Toga Penrith Developments Pty Limited v Penrith City Council [2022] NSWLEC 117 Texts Cited: Australian Building Codes Board, 2019 National Construction Code Volume 2, Building Code of Australia, 2019 Sydney Development Control Plan 2012 ICOMOS, The Burra Charter: the Australia ICOMOS Charter for Places of Cultural Significance, 2013 Category: Principal judgment Parties: Elias Moisidis (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: T March (Applicant) P Canning (Solicitor) (Respondent)