Gray v Council of the City of Sydney [2009] NSWLEC 1122

Land and Environment Court of New South Wales

CITATION : Gray v Council of the City of Sydney [2009] NSWLEC 1122

APPLICANT Colin and Lissa Gray PARTIES : RESPONDENT Council of the City of Sydney

FILE NUMBER(S) : 11281 of 2008

CORAM: Tuor C

KEY ISSUES: DEVELOPMENT APPLICATION :- alterations and additions to existing dwelling, construct new dwelling and subdivision. Impact on conservation area and residential amenity.

Environmental Planning and Assessment Act 1979 South Sydney Local Environmental Plan 1998 LEGISLATION CITED: City of Sydney Heritage Development Control Plan 2006 South Sydney Development Control Plan 1997: Urban Design Gray v Council of City of Sydney [2008] NSWLEC 1303 Segal & Anor v Waverley Council [2005] NSWCA 310

DATES OF HEARING: 24-26/03/2009

DATE OF JUDGMENT: 24 April 2009

APPLICANT Mr G Green, solicitor LEGAL REPRESENTATIVES: of Pikes Lawyers

Mr S Kondilios, solicitor of Maddocks Lawyers

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C

24 April 2009

11281 of 2008 Colin and Lissa Gray v Council of the City of Sydney

JUDGMENT 1 Commissioner Tuor: This is an appeal against the refusal by the City of Sydney Council (the council) of a development application (D/2008/1505) under the Environmental Planning and Assessment Act 1979 (the Act) for alterations and additions to convert two terrace dwellings at 245 and 247 Riley Street, Surry Hills (the site) into a single dwelling, to demolish two garages and construct a new four storey dwelling fronting Little Riley Street with a pool and Torrens title subdivision of the site into two lots.