Zic Zac Pty Ltd v Sydney City Council [2006] NSWLEC 302

Land and Environment Court of New South Wales

CITATION : Zic Zac Pty Ltd v Sydney City Council [2006] NSWLEC 302

APPLICANT Zic Zac Pty Ltd PARTIES : RESPONDENT Sydney City Council

FILE NUMBER(S) : 11239 of 2005

CORAM: Bly C

KEY ISSUES: Development Application :- Alterations and additions to heritage building, heritage, building height character and form

City of Sydney Local Environmental Plan 2005 LEGISLATION CITED: Central Sydney Local Environmental Plan 1996 State Environmental Planning Policy No 1 - Development Standards Central Sydney Heritage Local Environmental Plan 2000

DATES OF HEARING: 19-20/04/2006

DATE OF JUDGMENT: 06/06/2006

APPLICANT Mr P Jackson, solicitor SOLICITORS Pike Pike & Fenwick LEGAL REPRESENTATIVES: RESPONDENT Mr S Kondilios, solicitor SOLICITORS Maddocks

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

6 June 2006

11239 of 2005 Zic Zac Pty Ltd v Sydney City Council

JUDGMENT Introduction 1 This appeal relates to Development Application No. D/2005/531 which is for alterations and additions to the existing four-storey commercial building known as the Former Paramount Pictures Studios ("the Paramount Building") at Lot A DP 190326, being land situated at the north-east corner of Commonwealth and Brisbane Streets, Surrey Hills. 2 The existing four-storey building is partly vacant with works under way in accordance with recently granted development consents to use the ground and first floors respectively for restaurant and office purposes. 3 More particularly the alterations and additions comprise: - The addition of two penthouse levels on the existing rooftop level consisting of 12 apartments in a mix of studio, one-bedroom and two-bedroom apartments ("the rooftop extension"). - ground floor cafe/retail fit-out and new entrance involving alterations to the Commonwealth Street façade. - construction of a basement car park to accommodate 21 car parking spaces within a mechanical car stacker.