Blainey North and Associates Pty Ltd v Council of the City of Sydney [2024] NSWLEC 1684

Land and Environment Court New South Wales

Medium Neutral Citation: Blainey North and Associates Pty Ltd v Council of the City of Sydney [2024] NSWLEC 1684 Hearing dates: 30 May 2024 Date of orders: 29 October 2024 Decision date: 29 October 2024 Jurisdiction: Class 1 Before: Byrne AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to development application No D/2023/184 for alterations and additions, comprising an attic style addition, restoration of the front balcony, and changes to openings on the ground floor of the existing dwelling at 1 Goodlet Street, Surry Hills, NSW 2010, being Lot 1 DP 527961, subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPEAL – alterations and additions to 2 storey terrace house – heritage conservation area – contributary item – heritage restoration works – whether attic addition – whether additional storey – design excellence – principles of interpretation and application of DCP Legislation Cited: Environmental Planning and Assessment Act 1979, ss 3.42, 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Amendment Act 2012 Land and Environment Court Act 1979 Sydney Local Environmental Plan 2012, ss 4.3, 4.4, 5.10, 6.21C Cases Cited: Saffioti v Kiama Municipal Council [2019] NSWLEC 57 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: The Hon Brad Hazard, Second Reading Speech, Environmental Planning and Assessment Amendment Bill 2012, 24 October 2012 Sydney Development Control Plan 2012 Category: Principal judgment Parties: Blainey North and Associates Pty Ltd (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: T Howard SC (Applicant) A Singh (Solicitor) (Respondent)