Dorner v City of Sydney Council [2008] NSWLEC 1258

Land and Environment Court of New South Wales

CITATION : Dorner v City of Sydney Council [2008] NSWLEC 1258

APPLICANT Daryll Dorner PARTIES : RESPONDENT City of Sydney Council

FILE NUMBER(S) : 11094 of 2007

CORAM: Murrell C

KEY ISSUES: Appeal - Section 96 Application :- impact on heritage item, impact on adjoining properties.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 06/02/2008, 05/03/2008, 29/04/2008 and 05/06/2008

EX TEMPORE JUDGMENT DATE : 5 June 2008

APPLICANT Mr J. Hannaford, solicitor of Hannaford Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr S. Kondillios, solicitor Instructed by Mr T. Neal of Maddocks Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

5 June 2008

11094 of 2007 Daryll Dorner v City of Sydney Council This determination was given extemporaneously and it has been edited prior to publication

JUDGMENT 1 This is an extempore judgment for an appeal under s. 96(6) of the Environmental Planning and Assessment Act, 1979 against the City of Sydney Council's refusal of a development application for the property known as 183 Albion Street, Surry Hills. Background 2 The building on the subject site is a heritage item and it has been altered with additions. There has been an upper floor added at the rear and there have been other substantial alterations and additions approved by the council, however, they are not the subject of the proceedings before me today. There have been numerous other s. 96 applications A to D and they are not the subject of my determination either.