Bishop v The Council of the City of Sydney [2010] NSWLEC 1364

Land and Environment Court of New South Wales

CITATION : Bishop v The Council of the City of Sydney [2010] NSWLEC 1364

APPLICANT Steven Bishop PARTIES : RESPONDENT The Council of the City of Sydney

FILE NUMBER(S) : 10452 of 2010

CORAM: Tuor C

DEVELOPMENT CONSENT :- amend mixed use development to provide additional apartments KEY ISSUES: residential amenity increase in floor space ratio amenity of mid block link

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environment Planning Policy No. 65 Design Quality of Residential Flat Development South Sydney Local Environment Plan 1998

DATES OF HEARING: 08/12/10

DATE OF JUDGMENT: 31 December 2010

APPLICANT Ms S Duggan, SC instructed by Mr V Conomos, solicitor LEGAL REPRESENTATIVES: of Conomos Legal

RESPONDENT Mr A Hawkes, solicitor of the Council of the City of Sydney

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C

31 December 2010

10452 of 2010 Bishop -v- Council of the City of Sydney

JUDGMENT 1 Commissioner: This is an appeal against the deemed refusal by the Council of the City of Sydney (council) of an application under s96(2) of the Environmental Planning and Assessment Act 1979 to modify development consent (D/2006/1929) for a mixed use residential and commercial development at 222 Wyndham St, Alexandria (the site). 2 The s96 application (D/2006/1929/F) seeks to modify the consent to allow the provision of 9 additional apartments at the first floor level of the building addressing Botany Rd (known as Building B). Site and its locality 3 The site is bordered by Wyndham Street to the west, McEvoy Street to the north, Botany Road to the east and Retreat Street to the south. It contains three recently constructed mixed use residential commercial buildings, including nine storey buildings along the McEvoy Street frontage (Building A) and the Botany Road frontage (Building B) and a four storey building along the Retreat Street frontage (Building C). The buildings enclose a courtyard which is accessed via a through site link from McEvoy Street to Retreat Street and a pedestrian connection under Building B from Botany Road (mid block link). 4 To the north of the site, across McEvoy Street, is a range of mixed use commercial showrooms and offices. The north east corner of the site adjoins the Iron Duke Hotel. To the south of the site are residential terraces, the Yiu Ming Society Temple and the Glenroy Hotel and its associated carpark. Across Botany Road, to the east of the site, are a McDonalds and other commercial buildings. To the west of the site, on the other side of Wyndham Street, are a service station and commercial building. Planning Controls 5 The site is zoned 10(b) Mixed Uses "B" and Arterial Road Reservation 9(a) under South Sydney Local Environment Plan 1998 (LEP 1998). The proposal is permissible with consent. 6 The site is within Green Square and the provisions of Division 2 apply. These relevantly include cl 27C which provides: 1. The Council must not grant consent for development of any land within Green Square unless: