Charles Bond Estates Pty Ltd v Sydney City Council [1988] NSWLEC 35

Land and Environment Court of New South Wales

CITATION : Charles Bond Estates Pty Ltd v Sydney City Council [1988] NSWLEC 35 APPLICANT Charles Bond Estates Pty Ltd PARTIES : RESPONDENT Sydney City Council FILE NUMBER(S) : 10257 of 1987 CORAM: Bignold J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Assessment Regulation 1980 Environmental Planning and Assessment Act 1979 CASES CITED: DATES OF HEARING: 27/05/87, 21/11/88 DATE OF JUDGMENT: 12/20/1988

LEGAL REPRESENTATIVES:

JUDGMENT:

A. INTRODUCTION This is an appeal under s.97 of the Environmental Planning and Assessment Act 1979 against the deemed refusal by the Respondent of a development application for the erection of a shopping centre on land situate at the corner of Pitt and Phillip Streets, Redfern and known as Nos. 146-152 Pitt Street, Redfern.

Subsequent to the commencement of these proceedings the Respondent in pursuance of s.96(2) of the Environmental Planning and Assessment Act determined the development application on 1st September, 1987 by refusing development consent for the following reasons:-

"(1) That the development is not permissible under the Residential Zoning in the City of Sydney Planning Scheme and existing use rights over the site have not been substantiated;

(2) That the proposal is contrary to the objectives and policies as set out in the 1983 City of Sydney Plan for the future planning of the Redfern/Waterloo area;

(3) That the proposal is an overdevelopment of the site and an intensification of the previous use of the site and would have a detrimental impact on the surrounding residential development and the nearby hospital and school uses;