Rosen v City of Sydney Council [2012] NSWLEC 1124

Land and Environment Court New South Wales

Medium Neutral Citation: Rosen v City of Sydney Council [2012] NSWLEC 1124 Hearing dates: 11 April 2012 Decision date: 12 April 2012 Jurisdiction: Class 1 Before: Tuor C Decision: (1)The appeal is upheld. (2)Development application (D/2011/166) for a boarding house development at 45 Phelps Street, Surry Hills is approved subject to the conditions in Annexure A. (3)The exhibits, except Exhibit F, may be returned. Catchwords: DEVELOPMENT APPLICATION - Boarding House. New or amended application. Parking, character of local area, privacy and overshadowing Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulations 2000 Land and Environment Court Act 1979 South Sydney Local Environmental Plan 1998 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy No 1 (Development Standards) Sydney Local Environmental Plan 2000 Cases Cited: Australian Enterprise Holdings Pty Limited as AEH Group v Camden Council [2010] NSWLEC 70 Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Radray Constructions Pty Limited v Hornsby Shire Council [2006] NSWLEC 155 Category: Principal judgment Parties: Michael Rosen (Applicant)

City of Sydney Council (Respondent) Representation: Counsel Mr G Green (Applicant)