RDO v Sydney City Council [2007] NSWLEC 805

Land and Environment Court of New South Wales

CITATION : RDO v Sydney City Council [2007] NSWLEC 805

Applicant: Rob Design Office PARTIES : Respondent: Sydney City Council

FILE NUMBER(S) : 10833 of 2007

CORAM: Roseth SC

KEY ISSUES: Development Application :- conservation area, "activation" of streetscape

DATES OF HEARING: 03/12/2007

DATE OF JUDGMENT: 11 December 2007

Applicant: LEGAL REPRESENTATIVES: Mr C Shaw, solicitor of Shaw Reynolds Bowen & Gerathy. lawyers Respondent: Mr S Kondilios, solicitor of Maddocks Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

11 December 2007

10833 of 2007 RDO v Sydney City Council

JUDGMENT 1 Senior Commissioner: This an appeal against six conditions imposed by Sydney City Council (the council) on a deferred commencement consent, dated 7 May 2007, for the erection of a new four-storey mixed use building on the vacant part of lot 1 DP 75456, known as 252-256 Cleveland Street, Surry Hills. The parties have resolved their dispute in respect of four of the conditions appealed against, leaving two for the Court's determination. The conditions that remain in dispute are Part A (2) and Part B (25). 2 Condition Part A (2) (a deferred commencement condition) states: The proposed new vehicle entrance on Buckingham Street is to be removed. A more clearly defined pedestrian entrance is to be provided which is proportionate in height and width to the surrounding streetscape. To allow the applicant flexibility in provision of parking on the site to meet the needs of their business, one of the following two options may be pursued: a.. Removal of all car parking within the proposed building whilst retaining car parking within the existing building; or a.. Provision of additional car parking within the ground floor of the existing building through relocation of the plant/machinery from this area into the proposed building. Should option (b) be pursued, the existing vehicular entrance may be increased in width by up to 800mm to the south to improve vehicular access into the ground floor of the existing building. 3 Condition Part B (25) (an operational condition) states: All vehicles must always be driven onto and off the site in a forward direction.