Meriton Apartments Pty Ltd v. Sydney City Council [1998] NSWLEC 148

Land and Environment Court of New South Wales

CITATION : Meriton Apartments Pty Ltd v. Sydney City Council [1998] NSWLEC 148 APPLICANT Meriton Apartments Pty Ltd PARTIES : RESPONDENT Sydney City Council FILE NUMBER(S) : 10556 of 1997 CORAM: Lloyd J KEY ISSUES: :- Environmental Planning and Assessment Act 1979,ss 90, 97 LEGISLATION CITED: Sydney Regional Environmental Plan No 26 - City West, cll 11, 15, 18, 26A, 34 CASES CITED: DATES OF HEARING: 15/12/97, 16/12/97, 17/12/97 DATE OF JUDGMENT: 02/16/1998

APPLICANT J J Bingham (Solicitor) Deacons Graham & James LEGAL REPRESENTATIVES: RESPONDENT P J McEwen SC Abbott Tout

JUDGMENT: This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 (Athe Act@) against the deemed refusal by the respondent of a development application to demolish an existing building and erect a ten storey residential flat building containing 341 flats together with commercial and retail floor space at the street frontages and parking for 441 vehicles.

The subject land is rectangular in shape. It is known as 55-67 Jones Street, Ultimo and has frontages to Jones Street, William Henry Street and Wattle Street. The fourth boundary adjoins the Ultimo Public School. The land has an area of 9,152 square metres. There is a considerable fall from the eastern (Jones Street) frontage to the western (Wattle Street) frontage of about 14 m. The warehouse which is proposed to be demolished occupies the whole of the land.