Oceania Clarke Pty Limited v Sydney City Council [2003] NSWLEC 245

> Land and Environment Court of New South Wales

CITATION : Oceania Clarke Pty Limited v Sydney City Council [2003] NSWLEC 245 revised - 9/03/2005 Oceania Clarke Pty Limited Applicant

PARTIES : v

Sydney City Council Respondent FILE NUMBER(S) : 10102 of 2003 CORAM: Murrell C Development Application - Development Consent - Development Control Plan - Development Standards :- Conservation area KEY ISSUES: Streetscape Floor space ratio Parking LEGISLATION CITED: Environmental Planning and Assessment Act 1979 South Sydney Local Environmental Plan 1998 CASES CITED: Zhang v Canterbury City Council [2001] 115 LGERA 373 DATES OF HEARING: 26 and 27 June 2003 DATE OF JUDGMENT: 08/29/2003

B Goldsmith, agent

LEGAL REPRESENTATIVES: S Griffiths, solicitor Pike Pike & Fenwick

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 10102 of 2003

Murrell C

29 August 2003 Oceania Clarke Pty Limited Applicant v Sydney City Council Respondent Judgment

1 This is an appeal under section 97 of the Environmental Planning and Assessment Act 1979 (the Act) against South Sydney Council's refusal of a development application for the site known as 46 Kings Cross Road, Kings Cross. The boundary of the South Sydney and Sydney City Council has been amended and the relevant authority is now the Sydney City Council. The subject site is 295 m2 and is on the corner of Ward Avenue, Kings Cross Road with rear lane access to Godrick Lane.