NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Inphotek Pty Ltd v City of Sydney Council [2008] NSWLEC 1376
APPLICANT Inphotek Pty Ltd PARTIES : RESPONDENT City of Sydney Council
FILE NUMBER(S) : 10434 of 2008
CORAM: Hussey C
KEY ISSUES: Development Application :- Roof top unit, excessive height/FSR, impact on amenity.
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 South Sydney Local Environmental Plan 1998
CASES CITED: Veloshin v Randwick Council [2007] NSWLEC 428
DATES OF HEARING: 22/08/2008
DATE OF JUDGMENT: 18 September 2008
APPLICANT Ms H. Irish, barrister Instructed by Mr V. Conomos LEGAL REPRESENTATIVES: of Pikes Lawyers
RESPONDENT Mr S. Kondilios, solicitor of Maddocks Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
18 September 2008
10434 of 2008 Inphotek Pty Ltd v City of Sydney Council
JUDGMENT
Background 1 This appeal was lodged against council's refusal of a development application for alterations to an existing 3-storey commercial building for the addition of 2 x 3 bedroom residential units on the rooftop level. The building is located at 10 James Street, Waterloo. The application was subsequently amended seeking consent for a single 3 bedroom unit.
2 The neighbouring building to the north (Soho) comprises a mix of commercial units and residential units at the upper levels. There are other mixed-use buildings neighbouring the property.
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