Clewley & Anor v Council of the City of Sydney [2011] NSWLEC 1302

Land and Environment Court New South Wales

Medium Neutral Citation: Clewley & Anor v Council of the City of Sydney [2011] NSWLEC 1302 Hearing dates: 27 September 2011 Decision date: 21 October 2011 Jurisdiction: Class 1 Before: Fakes C Decision: Appeal dismissed. Catchwords: DEVELOPMENT APPLICATION; alterations and additions to a contributory building in a heritage conservation area; Legislation Cited: Environmental Planning & Assessment Act 1979 South Sydney Local Environmental Plan 1998 Cases Cited: Anglican Church property Trust v Sydney City Council [2003] NSWLEC 353 Zhang v Canterbury City Council [2001] NSWCA 167 Category: Principal judgment Parties: Morgan & Rebecca Clewley (Applicants) Council of the City of Sydney (Respondent) Representation: Applicants: Mr Morgan and Ms Rebecca Clewley (Litigants in person) Respondent: Mr A Singh (Solicitor) City of Sydney File Number(s): 10574 of 2011

Judgment 1COMMISSIONER: This is an appeal pursuant to s 97(1) of the Environmental Planning & Assessment Act 1979 (the Act) against the refusal by the City of Sydney Council (the council) of development application number D/2011/134 for alterations and additions to a building at 333 South Dowling Street Darlinghurst (the site). 2The Application for Development describes the proposal as: 'new indoor living space on existing roof top terrace comprising of living room, study and shower room'. The proposed development comprises: * Demolition of an existing addition at the rear of the ground floor shop and its replacement with a larger extension to provide new change rooms; * A replacement extension on the first floor above the shop extension to provide a new bathroom and ensuite; * Formation of two new Juliet balconies to the Taylor Street elevation of the building; * Refurbishment of an existing balcony; * Internal alterations to change existing room uses on the first floor; * A modification to the roof and roof space to create a new part floor with open plan living room, kitchen and dining room with access to the existing roof deck. 3The roof top extension extends the existing terrace slab to the west. The extension is setback 3m from the South Dowling Street frontage and 1m from the Taylor Street frontage. 4Council does not oppose the replacement extensions to the ground floor shop and first floor bathroom nor the refurbishment of the existing balcony however, the roof top extension and Juliet balconies are opposed. 5In December 1998, development application U98-00848 was approved for the demolition of an existing metal roof and its replacement with a roof deck garden. In July 2010, DA D/2010/1041 was approved for the formation of a staircase and enclosure from the first floor dwelling to the roof terrace and an extension of the terrace over the bathroom below. Work to implement this consent has not commenced.