Kanobay Pty Ltd v Sydney City Council [2004] NSWLEC 493

Land and Environment Court of New South Wales

CITATION : Kanobay Pty Ltd v Sydney City Council [2004] NSWLEC 493 APPLICANT Kanobay Pty Ltd PARTIES : RESPONDENT Sydney City Council FILE NUMBER(S) : 10327 of 2003 CORAM: Nott C KEY ISSUES: Development Application :- Proposed demolition of a two-level warehouse and the erection of a four-level residential aparatment building containing 20 units above a semi-basement carpark - soil contamination - heritage considerations re demolition of existing building and design form and scale of proposed building in conservation area - overshadowing - amenity of future occupants LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 97(1) CASES CITED: DATES OF HEARING: 15-17 Ootober 2003, 24 June 2004 (mention), 29-30 June 2004 DATE OF JUDGMENT: 09/15/2004

APPLICANT Mrs M-L Taylor, solictor SOLICITORS Norman Waterhouse

LEGAL REPRESENTATIVES: RESPONDENT Mr D T Miller, barrister SOLICITORS PricewaterhouseCoopers Legal

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 10327 of 2003

Nott C

15 September 2004

Kanobay Pty Ltd Applicant v Sydney City Council Respondent

Judgment

1. Proposal

1 . The project architect Mr Ian Moore succinctly described the proposed development as the demolition of an existing two-level warehouse and the erection of a four-level residential apartment building containing 20 units above a semi-basement carpark containing 14 car spaces at 12-18 Meagher Street, Chippendale. The plans for the proposed development are contained in exhibit A.