Architects Johannsen and Associates v South Sydney Council [2003] NSWLEC 117

> Land and Environment Court of New South Wales

CITATION : Architects Johannsen and Associates v South Sydney Council [2003] NSWLEC 117 APPLICANT: Architects Johannsen and Associates PARTIES : RESPONDENT: South Sydney Council FILE NUMBER(S) : 10834 of 2002 CORAM: Bignold J KEY ISSUES: Appeal :- Development Appeal-multiple dwellings-evaluation by reference to Urban Design DCP-non-compliances with controls-non-achievement of performance criteria and stated objectives of DCP. LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 79C CASES CITED: DATES OF HEARING: 14-15/04/2003 DATE OF JUDGMENT: 05/16/2003

APPLICANT: Ms S Duggan, Barrister SOLICITORS N/A LEGAL REPRESENTATIVES: RESPONDENT: Mr S Griffiths, Solicitor SOLICITORS Pike Pike and Fenwick

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Matter No . . 10834 of 2002 Coram : Bignold J 16 May 2003

ARCHITECTS JOHANNSEN AND ASSOCIATES

Applicant

v

SOUTH SYDNEY COUNCIL

Respondent

JUDGMENT

A. INTRODUCTION

1. This is an appeal pursuant to the Environmental Planning and Assessment Act 1979, s 97 ("the EP&A Act") against the refusal by South Sydney Council ("the Council") of a development application for the erection of five terraced style dwellings at premises known as 301-303 Belmont Street, Alexandria located at the corner of Belmont and Maddox Streets (the development site).