Kremetis v City of Sydney Council [2010] NSWLEC 1054

Land and Environment Court of New South Wales

CITATION : Kremetis v City of Sydney Council [2010] NSWLEC 1054

APPLICANT: Efi Kremetis PARTIES : RESPONDENT: City of Sydney Council

FILE NUMBER(S) : 10941 of 2009

CORAM: Murrell C

KEY ISSUES: DEVELOPMENT APPLICATION :- conversion of premises from a boarding house to a single residence - impact on provision of low cost housing - social and economic impact on the local community

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: South Sydney Local Environmental Plan 1988 State Environmental Planning Policy (Affordable Rental Housing) 2009

DATES OF HEARING: 5 February 2010 and 12 February 2010

EX TEMPORE JUDGMENT DATE : 12 February 2010

APPLICANT Mr M Staunton (barrister) SOLICITOR Comino Prassas LEGAL REPRESENTATIVES:

RESPONDENT Mr F Berglund (barrister) SOLICITOR M Flick of City of Sydney Council

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

12 February 2010

10941 of 2009 Efi Kremetis v City of Sydney Council This determination was given extemporaneously and has been edited prior to publication

JUDGMENT 1 This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 against the Sydney City Council's non-determination of a development application for the conversion of the premises known as No. 27 Roslyn Street, Rushcutters Bay, Kings Cross from a boarding house to a single residence. No building works are proposed. 2 The subject premises is a three-storey terrace, with a land area of some 160 square metres, and a rear lane vehicle access of six metres to Kellett Place, and a five metre frontage to Roslyn Street. The subject terrace is a heritage item, and I note that Nos. 25 to 33 Roslyn Street inclusive are listed in Schedule 2 - Heritage Items to the South Sydney Local Environmental Plan 1998 ('the LEP"). That is, five dwellings including the row of terraces, are heritage items and they are also within a conservation area.