Curcuruto & Parr v Sydney City Council [2006] NSWLEC 647

Land and Environment Court of New South Wales

CITATION : Curcuruto & Parr v Sydney City Council [2006] NSWLEC 647

FIRST APPLICANT Louise Curcuruto

PARTIES : SECOND APPLICANT Sandra Parr

RESPONDENT Sydney City Council

FILE NUMBER(S) : 10370 of 2006

CORAM: Bly C

KEY ISSUES: Development Consent :- Appeal against condition of consent, mixed use zone, commercial and residential use of heritage building, conservation and streetscape

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: South Sydney Local Environmental Plan 1998 South Sydney Urban Design Development Control Plan 1997 South Sydney (Heritage Conservation) Development Control Plan

DATES OF HEARING: 11/09/2006

DATE OF JUDGMENT: 10/13/2006

APPLICANT Mr S Flanigan, solicitor SOLICITORS Van Cooney LEGAL REPRESENTATIVES: RESPONDENT Mr S Kondilios, solicitor SOLICITORS Maddocks

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

13 October 2006

10370 of 2006 Louise Curcuruto & Sandra Parr v Sydney City Council

JUDGMENT

Introduction 1 On 23 February 2006 deferred commencement development consent was granted for alterations and additions to the existing two-storey terrace house at 429 Crown Street, Surrey Hills. Two of the three deferred commencement conditions have been accepted by the applicant however the third condition is in dispute and forms the basis of this appeal. That condition requires: That the front of the building is to remain unchanged, or altered in only a minor way, which does not compromise the setting, materials and composition of the front facade. 2 Relevant to this condition the proposal comprises the moving of the front alignment of the proposed ground floor commercial tenancy towards the street so as to coincide with the front property boundary. Glazing is to be installed and the original front sandstone steps removed and a new set of splayed steps and entrance to the tenancy provided. Also to be provided is a new entrance to the upstairs residential tenancy.