Bogatez v Council of the City of Sydney [2011] NSWLEC 1168

Land and Environment Court New South Wales

Medium Neutral Citation: Bogatez v Council of the City of Sydney [2011] NSWLEC 1168 Hearing dates: 23, 24 May 2011 Decision date: 24 May 2011 Jurisdiction: Class 1 Before: Brown C Decision: Appeal dismissed Catchwords: DEVELOPMENT APPLICATION - demolition of an existing warehouse and the construction of a new mixed use building - whether bonus floor space ratio is available - internal amenity - building separation Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 65 Category: Principal judgment Parties: Andrew Bogatez (Applicant)

Council of the City of Sydney (Respondent) Representation: Counsel Ms S Duggan SC (Applicant)

Mr P Clay Barrister (Respondent) Solicitors Conomos Legal (Applicant)

Council of the City of Sydney (Respondent) File Number(s): 11064 of 2010

Judgment 1COMMISSIONER: This is an appeal against the refusal of development application number D/2010/1786 by the Council of the City of Sydney (the council) for the demolition of an existing warehouse within the eastern part of the site and the construction of a new mixed use building comprising 36 residential units, two retail tenancies, a cafe and 78 car parking spaces at 145 McEvoy Street, Alexandria (the site). 2The appeal was subject to a conciliation conference on 14 March 2011 under s 34 of the Land and Environment Court Act 1979. As no agreement was reached, the conciliation conference was terminated pursuant to section 34(4)(a). The parties consented to me disposing of the proceedings at a later date pursuant to s 34(4)(b)(i), and on the basis of what occurred at the conciliation conference pursuant to s 34(4)(b)(ii).