Hexiva Pty Ltd v Sydney City Council [2004] NSWLEC 527

Land and Environment Court of New South Wales

CITATION : Hexiva Pty Ltd v Sydney City Council [2004] NSWLEC 527 APPLICANT Hexiva Pty Ltd PARTIES : RESPONDENT Sydney City Council FILE NUMBER(S) : 10410 of 2004 CORAM: Murrell C KEY ISSUES: Development Application :- Alterations and additions to a residential flat building LEGISLATION CITED: South Sydney Development Control Plan CASES CITED: DATES OF HEARING: 17/09/2004 EX TEMPORE 09/17/2004 JUDGMENT DATE :

APPLICANT Mr R. Wechsler, director of Hexiva Pty Ltd

RESPONDENT LEGAL REPRESENTATIVES: Mr A. Pickles, barrister instructed by Ms L. Finn, solicitor of Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

17 September 2004

10410 of 2004 Hexiva Pty Ltd v Sydney City Council

JUDGMENT

1 It seems to me that the council is really not opposing the glazing in the foyer area not opposing the realignment of the existing bedrooms as they are the way they are coming to the main wall which would provide you with no greater floor area than currently provided in the amended plan by that reconfiguration of that wall and the council is not objecting to the pergola that is already on the plan as such bearing in mind that the definition of the pergola is that it always remain open and with timber and not timber necessarily but it always remains open without being enclosed and that the two issues in contention as I understand is one with acceptable windows and that is the additional windows in that southern elevation and the bedroom areas which will allow for four two bedroom units as opposed to the current one bedroom unit.