Eastview v Sydney City Council [2004] NSWLEC 177

Land and Environment Court of New South Wales

CITATION : Eastview v Sydney City Council [2004] NSWLEC 177 Eastview (Australia) Pty Ltd Applicant PARTIES : Sydney City Council Respondent FILE NUMBER(S) : 10754 of 2003 CORAM: Roseth SC KEY ISSUES: Development Application :- urban design heritage impact LEGISLATION CITED: CASES CITED: DATES OF HEARING: 22/03/04 and 23/03/04 DATE OF JUDGMENT: 04/27/2004

Mr J Ayling, SC Mr A Pickles, barrister LEGAL REPRESENTATIVES: instructed by Mr R Burke of Gilbert Mane Mr D Officer, QC instructed by Mr J Smith of Pricewaterhouse Coopers Legal

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 10754 of 2003

Roseth SC

27 April 2004 Eastview (Australia) Pty Ltd Applicant

v

Sydney City Council Respondent Judgment

Introduction 1 This is an appeal against the deemed refusal by Sydney City Council (the council) of a development application to demolish the existing building and erect a seventeen-storey building containing offices and apartments on lots 4-6 DP 6380, known as 61-65 Wentworth Avenue, Surry Hills.

The site 2 The site is on the west side of Wentworth Avenue, mid-way between its intersection with Elizabeth and Goulburn Streets. It is rectangular and its area is 557m2. The existing four-storey building covering the site is to be demolished. 3 To the south the site adjoins Wentworth House, a heritage listed pair of buildings that occupies the corner of Wentworth and Elizabeth Streets and functions as a hotel. To the north there are five buildings to the corner of Goulburn Street: Chatsworth House at No 59 (a three-storey building); Nos 55-57 (a two-storey building); Key College at No 49-53 (a nine-storey building); 47 Wentworth Avenue (a two-storey building); and 35-45 Wentworth Avenue (a fifteen-storey building) at the corner with Goulburn Street.