ABC Planning v Sydney City Council [2007] NSWLEC 631

Land and Environment Court of New South Wales

CITATION : ABC Planning v Sydney City Council [2007] NSWLEC 631

Applicant: ABC Planning Pty Ltd PARTIES : Respondent: Sydney City Council

FILE NUMBER(S) : 10515 of 2007

CORAM: Roseth SC

KEY ISSUES: Development Application :- innovative architecture in a heritage environment

DATES OF HEARING: 24/09/2007 and 25/09/2007

DATE OF JUDGMENT: 2 October 2007

Applicant: LEGAL REPRESENTATIVES: Ms Sandra Duggan, barrister instructed by Mr V Conomos, solicitor of Pike Pike & Fenwick Respondent: Mr S Kondilios, solicitor of Maddocks Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

2 October 2007

10515 of 2007 ABC Planning Pty Ltd 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 renovations and extensions to an existing eight-storey building at 529-531 Elizabeth Street, Surry Hills.

The site and the existing building 2 The site is on the western side of Elizabeth Street between Belvoir and Bedford Streets. The portion of land owned by the applicant is lot DP 126870, which has an area of 291m2. The portion of the land owned by the council is lot 10 DP 833333, which has an area of 88m2. The site is within the Cleveland Gardens Heritage Conservation Area (CA13), of which the boundary runs along the centre of Elizabeth Street. It is also within the Elizabeth Street Heritage Streetscape (HS5). 3 The rear of the site faces Little Buckingham Street. Vehicular access is from the rear. Located on the applicant's land (Ie lot 1) is an eight-storey building, built in the 1960s, with basement parking. A roof top café was approved in 1994. At the front of the building, located on the council's land, is a partially enclosed courtyard area. The lease for that space permitted use of the courtyard and associated structure for the purposes of the Building Information Centre, which was a former tenant of the building. The lease has now expired.