Bayswater Estates Pty Ltd v Sydney CC [2006] NSWLEC 108

Land and Environment Court of New South Wales

CITATION : Bayswater Estates Pty Ltd v Sydney CC [2006] NSWLEC 108

APPLICANT Bayswater Estates Pty Limited PARTIES : RESPONDENT Sydney City Council

FILE NUMBER(S) : 11427 of 2005

CORAM: Hussey C

KEY ISSUES: Appeal :- s 96 Modification for an approved 5-storey apartment building - carparking spaces

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: South Sydney Local Environmental Plan 1998 South Sydney Development Control Plan No 11 - Transport Guidelines for Development 1996

CASES CITED: Jaguar Investments Pty Ltd v Sydney City Council [2005] NSWLEC 337; Lachlan Project Management v Sydney City Council [2006] NSWLEC 28

DATES OF HEARING: 01/03/2006

DATE OF JUDGMENT: 03/03/2006

APPLICANT Mr A. Galasso, barrister Instructed by: Mr N. Austin of Hardings LEGAL REPRESENTATIVES:

RESPONDENT Mr S. Kondilios, solicitor Instructed by: Ms P. Whitford of Maddocks Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

3 March 2006

11427 of 2005 Bayswater Estates Pty Limited v Sydney City Council This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT

Background. 1 This matter involves an appeal against council's partial refusal of a s 96 Modification application to an approved 5-storey apartment building containing 4 x 1Br units and 6 x 2Br units, with basement parking at No. 44B Bayswater Road, Rushcutters Bay. The approval for this development was granted by consent orders in Appeal No 10250 of 2003.