J U Poletti (Tiles) Pty Ltd v South Sydney City Council [1989] NSWLEC 226

Land and Environment Court of New South Wales

CITATION : J U Poletti (Tiles) Pty Ltd v South Sydney City Council [1989] NSWLEC 226 APPLICANT J U Poletti (Tiles) Pty Ltd PARTIES : RESPONDENT South Sydney City Council FILE NUMBER(S) : 10193 of 1989 CORAM: Bignold J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Aseessment Act 1979 CASES CITED: Symond v. North Sydney Municipal Council (unreported 23rd November, 1988); Legal and General Life of Australia Limited v. North Sydney Municipal Council (unreported 22nd June, 1989) DATES OF HEARING: DATE OF JUDGMENT: 08/18/1989

LEGAL REPRESENTATIVES:

JUDGMENT:

This is an appeal pursuant to s.97 of the Environmental Planning and Assessment Act 1979 against the determination of the Respondent refusing development consent to a development application to carry out additions at street level and at roof top level to an existing 8 storey residential flat building currently used as serviced apartments situate at Nos. 145-153 Victoria Street, Potts Point.

The reasons for the Respondent's determination as notified pursuant to s.92 of the Act were as follows:-

"(1) That the proposal does not comply with the car parking requirements as specified under Council's Districts Parking Control Code.

(2) That the proposal exceeds the floor space ratio control for the site as specified under Local Environmental Plan No. 19.

(3) That the proposal exceeds the height control for the site as specified under Local Environmental Plan No. 19.

(4) That the proposal is not in scale or character with the historic area and;