1. Pascoe v Council of the City of Sydney 2. Phillips v Council of the City of Sydney [2012] NSWLEC 1034

Land and Environment Court New South Wales

Medium Neutral Citation: 1. Pascoe v Council of the City of Sydney 2. Phillips v Council of the City of Sydney [2012] NSWLEC 1034 Hearing dates: 14 February 2012 Decision date: 17 February 2012 Jurisdiction: Class 1 Before: Morris C Decision: Appeal dismissed Catchwords: DEVELOPMENT APPLICATION: heritage items; impact on heritage item and heritage conservation area. Legislation Cited: Land and Environment Court Act 1979; South Sydney Local Environment Plan 1998 Cases Cited: Goldin & Anor v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 [2002] NSWLEC 75 Texts Cited: City of Sydney Heritage Development Control Plan 2006; South Sydney Development Control Plan 1997; Heritage Inventory Report; City of Sydney Heritage Database Heritage Inventory Report Category: Principal judgment Parties: 1. David Pascoe (11119 of 2011) 2.Geoff Phillips (Applicants)

The Council of the City of Sydney (Respondent) Representation: Counsel Ms Carpenter (Respondent) Solicitors Mr G Christmas Apex Law (Applicant)

Ms K Ridling Sydney City Council (Respondent) File Number(s): 1. 11119 of 2011 2. 11120 of 2011

Judgment 1This matter relates to two appeals against the refusal by the Council of the City of Sydney (the council) of Development Application D/2010/1802 (the No. 155A application) and Development Application D/2010/1800 (the No. 157 application), which proposed alterations to two adjacent terrace houses to construct a rear roof extensions at Nos. 155A and 157 Palmer Street, Darlinghurst. 2Because the applications were lodged concurrently, were for similar structures and related to two adjacent properties, the two appeals were heard concurrently. 3The contentions in these matters are whether the applications will adversely impact on the heritage significance of the heritage item and if the proposal is in the public interest. 4A Section 34AA conciliation conference commenced on site and the Court, in the company of the parties and their experts, conducted a view of the adjacent area including Rosella Lane, Stanley Street (to Crown Street) and Palmer Street. Both properties were inspected internally, including the existing attic accommodation in both terrace houses. As no agreement was reached, the conciliation conference was terminated and the matter proceeded to a hearing in accordance with the provisions of s 34AA(2)(b)(i) of the Land and Environment Court Act 1979 .