Baker Kavanagh v Sydney City Council [2005] NSWLEC 63

Land and Environment Court of New South Wales

CITATION : Baker Kavanagh v Sydney City Council [2005] NSWLEC 63

Baker Kavanagh Architects Applicant PARTIES : Sydney City Council Respondent

FILE NUMBER(S) : 10845 of 2004

CORAM: Roseth SC

KEY ISSUES: Contaminated Land - Development Application - Development Control Plan :- Noise impact

DATES OF HEARING: 20/01/2005 and 21/01/2005

DATE OF JUDGMENT: 02/22/2005

Applicant: Mr G Green, solicitor of Pike Pike & Fenwick

LEGAL REPRESENTATIVES: Respondent: Mr C Leggatt, barrister instructed by Mr C Stewart, solicitor of Marsdens

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

22 February 2205

10845 of 2004 Baker Kavanagh Architects v Council of the City of Sydney

JUDGMENT 1 Senior Commissioner: This is an appeal against the refusal by Sydney City Council (the council) of a development application to demolish the existing service station and erect a five-storey residential flat building over basement parking on lot 1A DP 40316h7, known as 241-245 Sydney Park Road, Erskineville.

The site 2 The site is triangular in shape, with an area of 1,200m2. It is on the northern side of Sydney Park Road, close to its intersection with King Street. It now accommodates a service station. 3 Adjoining to the north is the railway line passing through Erskineville. Adjoining to the east is an electricity substation containing a building and transformers. Beyond this is a residential complex including a high-rise building called the Zenix. Adjoining to the south is Sydney Park Road. There is a bus stop on Sydney Park Road near the western end of the site. 4 The site is in the flight path to Sydney Airport. It is between the 20 and 25 ANEC/ANEF contours on the ANEC noise contour map (1994).