Land and Environment Court of New South Wales CITATION : Nuova Surry Hills v Sydney City Council [2004] NSWLEC 335 APPLICANT Nuova Surry Hills PARTIES : RESPONDENT Sydney City Council FILE NUMBER(S) : 11316 of 2003 CORAM: Talbot J KEY ISSUES: :- LEGISLATION CITED: CASES CITED: DATES OF HEARING: 07/06/2004, 08/06/2004 DATE OF JUDGMENT: 06/08/2004 APPLICANT Mr C McEwen (Barrister) SOLICITORS Staunton Beattie LEGAL REPRESENTATIVES: RESPONDENT Mr J Robson (Barrister) SOLICITORS Abbott Tout JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 11316 of 2003 Talbot J 8 June 2004 Nuova Surry Hills Pty Limited Applicant v Sydney City Council Respondent Judgment Introduction 1 HIS HONOUR: With considerable assistance from my associate and also with the benefit of advice from Commissioner Moore, I have been able to reach a decision and even to put the decision into a written form. I am confident that we have picked up any inherent clerical mistakes. If we have not that will come out in a revised edition but for the moment you can assume that this covers all of the matters that we intended to cover. Having considered both the written and oral evidence, the view of the site and submissions made on behalf of the respective parties, I have concluded that the overall level of amenity of the proposed development is unacceptable for the reasons that I set out in the judgment. Accordingly, the orders of the Court are that the appeal is dismissed. The development application, which I describe in the second order, is determined by the refusal of development consent and the exhibits may be returned. I publish the reasons and a copy will be available to you immediately. It may just take a few moments for the exhibits to be assembled for re-delivery but my associate will have them available to you in a short time. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.