Trevallyn-Jones v Council of the City of Sydney [2011] NSWLEC 1247

Land and Environment Court New South Wales

Medium Neutral Citation: Trevallyn-Jones v Council of the City of Sydney [2011] NSWLEC 1247 Hearing dates: 21-22 July 2011 Decision date: 03 August 2011 Jurisdiction: Class 1 Before: Fakes C Decision: Appeal upheld in part; s 96 application for a roof top studio dismissed; s 96 application for retrospective works of a masonry wall allowed. Catchwords: Modification Application Legislation Cited: Environmental Planning & Assessment Act 1979 South Sydney Local Environmental Plan 1998 Cases Cited: Zhang v Canterbury City Council [2001] NSWCA 167 PDP (Darlinghurst Apartments) Pty Limited v City of Sydney Council [2005] NSWLEC 41 Super Studio v Waverley Council [2004] NSWLEC 91 Goldin & Anor v Minister for Transport Administering the Ports Corporation and Waterways Management Act 1995 [2002] NSWLEC 75 Veloshin v Randwick Council [2007] NSWLEC 428 Paul Anthony Hayes v Leichhardt Municipal Council [2011] NSWLEC 1188 Category: Principal judgment Parties: Applicant: Meredith Trevallyn-Jones Respondent: Council of the City of Sydney Representation: Applicant: Mr Nash (Barrister) Applicant: Mr Grant Christmas Apex Planning & Environment Law Respondent: Mr A Hawkes File Number(s): 10419 of 2011

Judgment 1This is an appeal pursuant to s 97AA of the Environmental Planning & Assessment Act 1979 (the Act) against the deemed refusal by the Council of the City of Sydney (the council) of a s 96 modification application to modify development consent D/2010/238 for 49 O'Connell Street Newtown, Lot 11 DP 1147686. 2On 31 May 2010, development consent was granted for the demolition of a cottage and construction of a two-storey infill terrace. The site is currently under construction. 3On 16 March 2011, the applicant lodged a s 96 modification for a roof top studio with front balcony and extension of internal stairs. The proposal also includes retrospective works of a 1.8m high masonry wall along the northern boundary. It is noted that there are no objections to the masonry wall.