Aristocratic Property Developments v City of Sydney Council [2011] NSWLEC 1328

Land and Environment Court New South Wales

Medium Neutral Citation: Aristocratic Property Developments v City of Sydney Council [2011] NSWLEC 1328 Hearing dates: 29 July 2011 Decision date: 11 November 2011 Jurisdiction: Class 1 Before: Whelan AC Decision: (1)The appeal is upheld. (2)Development Consent is granted to the Development Application D/2010/1408 for the site at 108 Dunning Avenue, ROSEBERY subject to the conditions in Annexure A (attached hereto) with the following amendments. (3)That condition (2) (b) read: "That the egress/ingress door leading from the lower ground floor parking area be located at a minimum level of 13.5m AHD. (4)The modifications, referred to above, are to be submitted to and approved by Council or by a Private Certifier providing the Certifier has the appropriate grade of qualifications for this development". (5)Condition (64) be added to Annexure A: "That the proposal be amended to remove the roller doors located at the building line of Jones Lane to permit the free flow of water in the event of a flood". Catchwords: Flooding Legislation Cited: NSW Flood Prone land policy Cases Cited: Neate v Shellharbour City Council (2007) NSWLEC 234 Neate v Shellharbour City Council (2007) NSWLEC 526 Neate v Shellharbour City Council (2007) NSWLEC 654 Texts Cited: South Sydney Local Environmental Plan 1998 Draft Sydney Local Environmental Plan 2011 Category: Principal judgment Parties: Aristocratic Property Developments (Applicant)