COLIN MAYBURY, MARCIA MAYBURY and KURRI-WESTON CONCERNED CITIZENS ACTION GROUP v. WESTON ALUMINIUM (PRODUCERS) PTY LIMITED [1998] NSWLEC 17 (17 February 1998) [1998] NSWLEC 52

Land and Environment Court of New South Wales

CITATION : COLIN MAYBURY, MARCIA MAYBURY and KURRI-WESTON CONCERNED CITIZENS ACTION GROUP v. WESTON ALUMINIUM (PRODUCERS) PTY LIMITED [1998] NSWLEC 17 (17 February 1998) [1998] NSWLEC 52 PARTIES : COLIN MAYBURY, MARCIA MAYBURY and KURRI-WESTON CONCERNED CITIZENS ACTION GROUP v. WESTON ALUMINIUM (PRODUCERS) PTY LIMITED [1998] NSWLEC 17 (17 February 1998) FILE NUMBER(S) : 10556 of 1997 CORAM: Lloyd J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Sydney Regional Environmental Plan No 26 CASES CITED: DATES OF HEARING: 15, 16, 17 December 1997 DATE OF JUDGMENT: 02/16/1998

J J Bingham (Solicitor) LEGAL REPRESENTATIVES: P J McEwen SC

JUDGMENT: Introduction This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 (the Act) against the deemed refusal by the respondent of a development application to demolish an existing building and erect a ten storey residential flat building containing 341 flats together with commercial and retail floor space at the street frontages and parking for 441 vehicles. The subject land is rectangular in shape. It is known as 55-67 Jones Street, Ultimo and has frontages to Jones Street, William Henry Street and Wattle Street. The fourth boundary adjoins the Ultimo Public School. The land has an area of 9,152 square metres. There is a considerable fall from the eastern (Jones Street) frontage to the western (Wattle Street) frontage of about 14 m. The warehouse which is proposed to be demolished occupies the whole of the land. The proposed building is to be built to the street alignment of Jones Street, William Henry Street and Wattle Street with a smaller wing facing the Ultimo Public School enclosing a central landscaped courtyard. The central courtyard is also to contain an enclosed 25 metre swimming pool, the roof of which will form part of the landscaping to the courtyard.