Artro Management Pty Limited v Council of the City of Sydney [2009] NSWLEC 1007

Land and Environment Court of New South Wales

CITATION : Artro Management Pty Limited v Council of the City of Sydney [2009] NSWLEC 1007

APPLICANT Artro Management Pty Limited PARTIES : RESPONDENT Council of the City of Sydney

FILE NUMBER(S) : 10521 of 2008

CORAM: Bly C

KEY ISSUES: DEVELOPMENT APPLICATION :- requirements of development control plan, supermarket, car parking and traffic

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: South Sydney Local Environmental Plan 1998 South Sydney Development Control Plan 1997-(Urban Design). Development Control Plan No 11 - Transport Guidelines for Development 1996

DATES OF HEARING: 24, 25, 26 & 27 November and 5 & 9 December 2008

DATE OF JUDGMENT: 13 January 2009

APPLICANT Mr M Craig QC with Mr I Hemmings Barrister Instructed by Reid & Vesely LEGAL REPRESENTATIVES:

RESPONDENT Mr C McEwen SC with Mr M Staunton Barrister Instructed by Maddocks Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

13 January 2009

10521 of 2008 Artro Management Pty Limited v Council of the City of Sydney

JUDGMENT Introduction 1 Situated on the corner of Erskineville Road and Gowrie Street Newtown, a short distance from the Newtown railway station is a single storey industrial building known locally as "the hive". It is presently vacant and is in a generally poor condition. It was constructed circa 1943, its principal elevations to Erskineville Road and Gowrie Street being in the Art Nouveau style.