Symcorp Pty Limited v Leichhardt Council [2004] NSWLEC 606

Land and Environment Court of New South Wales

CITATION : Symcorp Pty Limited v Leichhardt Council [2004] NSWLEC 606 APPLICANT: PARTIES : Symcorp Pty Limited RESPONDENT: Leichhardt Council FILE NUMBER(S) : 10433 of 2004 CORAM: Watts C at 1 KEY ISSUES: Development Application :- LEGISLATION CITED: Leichhardt Local Environmental Plan 2000, (LEP 2000) - State Environmental Planning Policy No 65 - Design of Residential Flat buildings - Part 2: Design Quality Principles, (SEPP65) - Environmental Planning and Assessment Act 1979, ss79C and 97 CASES CITED: DATES OF HEARING: 01/11/2004 EX TEMPORE 11/01/2004 JUDGMENT DATE :

APPLICANT: Mr D J Baird, solicitor with Ms J Wauchope, solicitor SOLICITORS: Maddocks LEGAL REPRESENTATIVES: RESPONDENT: Ms R McCulloch, solicitor SOLICITORS: Pike Pike and Fenwick

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Watts C

1 November 2004

10433 of 2004 - Symcorp Pty Limited v Leichhardt Council

JUDGMENT

1 This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979, against the decision of the (the council) to refuse a development application for the adaptive re-use of the existing building on the land, converting the former Rozelle Theatre to 8 x 2 bedroom apartments, 3 x 1 bedroom apartments, 1 x 3 bedroom apartments, 1 retail space and 2 commercial spaces and car parking for 18 cars at Lot 1 in DP 75771, being No 728 Darling Street, Rozelle. 2 I have concluded that the proposed consent orders may be granted. The land 3 The land is situated on the southern corner of the intersection of Darling and Red Lion Street, near and to the south of the intersection of Darling Street with Victoria Road. 4 The land is "L" shaped, although the main part is rectangular, and there is a part behind No 736 Darling Street, to the south west. The site area is 737m2. The land has a frontage to Darling Street of 17.88m, to Red Lion Street of 36.61m. The building has nil setbacks to both public roads. There is a slight fall in the land down from Darling Street towards the rear boundary. 5 Erected on the land is the Rozelle Theatre also known as 'Festival House' a building originally constructed, in the 1920s, as a theatre. The council's architect planner, describes it as: …a handsome inter war period stripped classical styled building. Its external form is substantially intact with some unsympathetic and reversible changes ... the roofform is a series of gables stepping up from the east end to accommodate a balcony in the cinema. A concrete floor has been inserted in converting the ground level for parking and service areas. A central form stair to the upper level main reception room upstairs, off Darling St remains. All interiors from the cinema have been stripped. 6 The property was remodeled in the interwar Art Deco style in 1937-8, as part of the refurbishment of Hoyts theatres throughout Sydney and Melbourne. The theatre closed in 1963 and since that time was used to provide reception facilities primarily for Sydney's Greek community. The building is vacant. 7 Although the premises is not a heritage item and it is not within a conservation area, there are heritage items under Leichhardt Local Environmental Plan 2000 in the vicinity at: · No 736 Darling Street, Rozelle (adjoining building to the south west) - local significance; · No 707 Darling Street, (corner Waterloo Street) - regional significance; · Nos 4-12 Red Lion Street (Mary Terrace) - local significance. 8 On both sides of Darling Street to the north and south and near the land are retail and commercial development, of single-storey and two-storeys. 9 Development to the immediate south west of the land comprises a single-storey commercial building, at No 736 Darling Street, described as an "…intact example of a 19th Century workshop building". This building is listed as a heritage item under Leichhardt LEP 2000 as being of local significance. 10 Development to the southeast in Red Lion Street, comprises single-storey and two-storey attached dwellings and this form of development extends on both sides of Red Lion Street. Across Red Lion Street, at the opposite corner of that Street and Darling Street, is the Red Lion Hotel. Relevant planning controls Leichhardt Local Environmental Plan 2000, (LEP 2000) 11 Under the provisions of the LEP200 the land is zoned 'Business' and mixed-use development is permissible subject to development consent. Relevant standards and provisions under LEP 2000 ClauseRequirement/ standardDoes proposal comply? 7(3)Requirement to give consideration to relevant objectives. Merit considerations Relevant objectives are set out in: Clause 13 General objectives Clause 15 Heritage conservation Clause 17 Housing Clause 20 Employment 19(6)Diverse housing: for developments comprisingYes. four or more dwellings, a minimum of 25% of dwellings are required to be bedsitter or one bedroom dwellings, and a maximum of 30% of dwellings are to be three or more bedrooms (in each case rounded to the nearest whole number. 19(7)Adaptable housing: 1 adaptable dwelling is Yes (subject to conditions) required and two dwellings are proposed. 23Floor space ratio: Maximum 1.5:1 for mixed use, No. Proposed FSR is 3.2:1 'but only if all floor space at the ground floor or street level is used for non residential purposes (except for any floor space used for service andA SEPP 1 objection has been access purposes required for the residentialsubmitted. component of the building in the floors above)' 16(7)Development in the vicinity of a heritage items.Merit consideration Developments in the vicinity include No 736 Darling Street (adjacent, to the south) and Nos 4-12 Red Lion Street (Mary Terrace) The consent authority is required to consider the impact on the heritage significance of the item and its setting.