Gray v Council of the City of Sydney [2008] NSWLEC 1303

Land and Environment Court of New South Wales

CITATION : Gray v Council of the City of Sydney [2008] NSWLEC 1303

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

FILE NUMBER(S) : 11270 of 2007

CORAM: Bly C

KEY ISSUES: Development Application :- Dwelling houses and subdivision, conservation area and streetscape, car parking, 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 (South Sydney Development Control Plan 1997) South Sydney City Council Development Control Plan No. 11 - Transport Guidelines for Development 1996

DATES OF HEARING: 10 and 11 June 2008

DATE OF JUDGMENT: 25 July 2008

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

RESPONDENT Mr S Kondilios, solicitor of Maddocks Lawyers

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

25 July 2008

11270 of 2007 Colin and Lissa Gray v Council of the City of Sydney

JUDGMENT

Introduction 1 This appeal relates to a development application for the conversion of two terrace dwellings at 245 and 247 Riley Street Surry Hills into a single dwelling and the construction of a new contemporary four storey dwelling fronting Little Riley Street (at the rear). The new dwelling is to have a double garage whereas the converted dwelling will have no car parking. The two resultant buildings will be separated by their private courtyards that will be dominated by an existing 10 m high Brush Box tree that is to be retained. Re-subdivision consistent with the new site arrangements is also proposed.