Serisier S v City of Sydney Council [2008] NSWLEC 1237

Land and Environment Court of New South Wales

CITATION : Serisier S v City of Sydney Council [2008] NSWLEC 1237

APPLICANT Suzanne Serisier PARTIES : RESPONDENT City of Sydney Council

FILE NUMBER(S) : 10322 of 2008

CORAM: Watts AC

KEY ISSUES: Section 97 Appeal :- Bulk and scale and Impacts on streetscape (John Lane)

Leichhardt Local Environmental Plan 2000, (LLEP) LEGISLATION CITED: Leichhardt Development Control Plan 2000, (LDCP) City of Sydney Heritage Development Control Plan 2006, (HDCP2006)

DATES OF HEARING: 06/06/2008

DATE OF JUDGMENT: 24 June 2008

APPLICANT Mr M McMahon, solicitor SOLICITORS M E McMahon and Associates LEGAL REPRESENTATIVES:

RESPONDENT Mr S Kondilios, solicitor SOLICITORS Maddocks

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Watts AC

24 June 2008

10322 of 2008 – Suzanne Serisier v City of Sydney Council

JUDGMENT

1. This involves an appeal under s 97 of the Environmental Planning and Assessment Act 1979, against the decision of the City of Sydney Council (the council) to attach Condition 2 to a development application to delete a roof terrace over a proposal to erect a "[n]ew rendered brick garage with panelled lift door to John Lane" at Lot G DP 913863, being No 199 Bridge Road, Glebe.

2. I visited the land in company with the parties on the morning of the hearing and heard from the neighbour Mr S Jahshan of No 201 Bridge Road, Glebe.