Pipheron Pty Ltd v South Sydney City Council [2000] NSWLEC 65

Land and Environment Court of New South Wales

CITATION : Pipheron Pty Ltd v South Sydney City Council [2000] NSWLEC 65 APPLICANT: Pipheron Pty Ltd PARTIES : RESPONDENT: South Sydney City Council FILE NUMBER(S) : 10673 of 1999 CORAM: Talbot J KEY ISSUES: Development Application :- residential flat building - justification for non-compliance with DCP LEGISLATION CITED: Environmental Planning and Assessment Act 1979 CASES CITED: Meriton Apartments Pty Ltd v Minister for Urban Affairs and Planning and Anor [2000] NSWLEC 20 DATES OF HEARING: 20/03/2000, 21/03/2000, 22/03/2000, 23/03/2000 DATE OF JUDGMENT: 03/31/2000

APPLICANT: Mr M G Craig QC SOLICITORS: Mallesons Stephen Jaques LEGAL REPRESENTATIVES: RESPONDENT: Mr P J Schofield (Solicitor) SOLICITORS: Pike Pike & Fenwick

JUDGMENT:

IN THE LAND AND Matter No. 10673 of 1999 ENVIRONMENT COURT Coram: Talbot J OF NEW SOUTH WALES Decision Date: 31 March, 2000

Pipheron Pty Ltd Applicant v South Sydney City Council Respondent

REASONS FOR JUDGMENT

1. The applicant has appealed against the actual refusal of its application for development consent by the respondent council.

2. The development application seeks consent for the demolition of the existing building on land bounded by Power Avenue, Brennan Street and Loveridge Street, Alexandria and the erection of a residential flat building. The property is known as 11-15 Power Avenue, Alexandria. It has a generally rectangular shape and a total area of 6,516 square metres.