Faim Pty Ltd v Canada Bay [2004] NSWLEC 39

Land and Environment Court of New South Wales

CITATION : Faim Pty Ltd v Canada Bay [2004] NSWLEC 39

Applicant: Faim Pty Ltd PARTIES :

Respondent: Canada Bay City Council FILE NUMBER(S) : 11071 of 2003 CORAM: Roseth SC KEY ISSUES: Development Application - Development Control Plan :- heritage impact LEGISLATION CITED: CASES CITED: DATES OF HEARING: 03/02/2004 to 05/02/2004 DATE OF JUDGMENT: 02/17/2004

Applicant: Mr C McEwen, barrister LEGAL REPRESENTATIVES: instructed by Mr M Staunton Respondent: Mr P Jackson, solicitor

JUDGMENT: - 13 - IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 11071 of 2003

Roseth SC

Date Faim Pty ltd Applicant v Canada Bay City Council Respondent Judgment

Introduction 1 This is an appeal against the refusal by Canada Bay City Council (the council) of a development application to erect a six-storey building containing retailing on the ground floor and 35 apartments on five upper levels on lot A DP 446095, known as 50A Lyons Road, Drummoyne.

The site 2 The site is on the northeast corner of Lyons Road and Marlborough Street. It has an area of 1,459m2 and is now used as a service station. Adjoining to the east is the Sutton building, a retail building dating from 1918 that extends to Victoria Street and continues along Victoria Street to the north. Like most buildings of its era containing shops, it is two storeys, built to the street alignment with a parapet and an awning. Behind the Sutton building is a small retail complex around a courtyard called Sutton Place. 3 To the north the site adjoins a council carpark serving the Sutton Place shops. To the west it fronts to Marlborough Street. On the other side of Marlborough Street are the council's offices in a two-storey building set far from the street. On the south side of Lyons Road are three heritage-listed buildings: the Oxford Hotel at the Victoria Road corner, the fire station and the Presbyterian Church. The Sutton building, the hotel, the fire station and the church are all items of local heritage.