Hutton v Sydney City Council [2007] NSWLEC 803

Land and Environment Court of New South Wales

CITATION : Hutton v Sydney City Council [2007] NSWLEC 803

Applicant: Hamish Hutton PARTIES : Respondent: Sydney City Council

FILE NUMBER(S) : 10897 of 2007

CORAM: Roseth SC

KEY ISSUES: Development Application :- conservation area

DATES OF HEARING: 05/12/2007

DATE OF JUDGMENT: 11 December 2007

Applicant: LEGAL REPRESENTATIVES: Mr C Ireland, barrister instructed by Mr W Allen, solicitor of Carneys Lawyers Respondent: Mr S Kondilios, solicitor of Maddocks Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

11 December 2007

10897 of 2007 Hamish Hutton v Sydney City Council

JUDGMENT 1 Senior Commissioner: This is an appeal against the deemed refusal by Sydney City Council (the council) of a development application for alterations and extensions to the existing terrace house on lot 1 DP 974990, known as 31 Bent Street, Paddington.

The site 2 The site is at the northwest corner of Bent Street and Stewart Street. Its rear boundary is to Regent Lane. It has a trapezoidal shape, with a 4.5m frontage to Bent Street and an 8.3m boundary to Regent Lane. Its area is 190m2. The average fall from front to rear is 2.2m, or about 17%. The site is within the Paddington South Heritage Conservation Area (CA 38) and adjoins the Gordon's Grant Heritage Conservation Area (CA 26). There is currently no vehicular access from Regent Lane. 3 The existing house is a two-storey Victorian terrace in poor condition, built to the south and north boundaries. The property is identified as a contributory item In the Conservation Area. The existing building is one of three; having been built in 1901 together with its northern neighbours Nos 29 and 27. South of the site are two heritage items, Nos 33 and 35-37. In all directions the predominant development is two-storey Victorian terrace houses. Regent Lane is flanked mainly by garages, some double and some single. The roofs of some garages are used for recreation.