ROI Properties Pty Ltd v Council of the City of Sydney [2010] NSWLEC 1096

Land and Environment Court of New South Wales

CITATION : ROI Properties Pty Ltd v Council of the City of Sydney [2010] NSWLEC 1096 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT ROI Properties Pty Ltd PARTIES : RESPONDENT Council of the City of Sydney

FILE NUMBER(S) : 10711 of 2009

CORAM: Brown C

KEY ISSUES: DEVELOPMENT APPLICATION :- alterations and additions to an existing building to provide for a supermarket, shop and offices - inconsistent with the planning strategies for the area - inconsistent with zone objectives - excessive noise - unacceptable traffic impacts - insufficient off street car parking - unacceptable signage and insufficient landscaping

Environmental Planning and Assessment Act 1979 Protection of the Environmental Operations Act 1997 LEGISLATION CITED: South Sydney Local Environmental Plan 1998 South Sydney Development Control Plan 1997 South Sydney City Council Development Control Plan No. 11 City of Sydney Signage and Advertising Structures Development Control Plan 2005

BGP Properties Pty Limited v Lake Macquarie City Council [2004] NSWLEC 399 Schaffer Corporation v Hawkesbury City Council (1992) 77 LGRA 21 CASES CITED: Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 Terrace Tower Holdings Pty Limited v Sutherland Shire Council [2003] 129 LGERA 195 Zhang v Canterbury City Council (2001) 115 LGERA 373