Szann v Council of the City of Sydney [2012] NSWLEC 1168

Land and Environment Court New South Wales

Medium Neutral Citation: Szann v Council of the City of Sydney [2012] NSWLEC 1168 Hearing dates: 18 June 2012 Decision date: 21 June 2012 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is dismissed. 2. The application to modify conditions 2(b)(i), 2(b)(iii) and 2(d) of development consent D/2011/ 574/A is refused. 3. The exhibits, other than 2 and A, are returned. Catchwords: DEVELOPMENT CONSENT: appeal against condition imposed on development consent to delete two security cameras and to require the approved cameras to be the fixed lens type cameras. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Mr Aleksander Szann and Mrs Lesley Szann (Applicants) Council of the City of Sydney (Respondent) Representation: Mr Aleksander Szann and Mrs Lesley Szann (Litigants in Person) (Applicants) Mr Alex Singh (Solicitor) (Respondent) Solicitors Council of the City of Sydney (Respondent) File Number(s): 10350 of 2012

Judgment 1COMMISSIONER: This is an appeal pursuant to the provisions of s97 of the Environmental Planning and Assessment Act 1979 against a conditions of consent, 2(b)(i) and (iii) and 2(d), of Development Consent no D/2011/574, granted by the Council of the City of Sydney (the Council), requiring the deletion of two security cameras of a total of six cameras and for the approved cameras to be the fixed lens type cameras. 2The appeal was subject to mandatory conciliation on 18 June 2012 in accordance with the provisions of s34AA of the Land and Environment Court Act 1979. Soon after the commencement of the conciliation conference, the parties advised that there was no prospect of an agreement being reached and so the conciliation conference was terminated and a hearing held forthwith pursuant to s 34AA(2)(b). 3The development consent is for the installation of four security cameras, planter screens in the rear courtyard, modifications to the northern boundary fence and alterations and maintenance works to the terrace house at 522 Bourke Street, Surry Hills (the site). Two of the four security cameras approved are located under the front balcony facing towards Bourke Street and two are located on the rear boundary wall, which has a roller door opening, facing towards Olivia Lane. 4The development consent did not approve the following cameras, identified by condition 2(b) of the development consent: (i)The existing camera located on the third storey of the rear wall and the proposed new location slightly to the south. (ii)The existing camera located under the front balcony facing south (Bourke Street). (iii)The proposed camera located on the centre of the rear roller door facing the rear yard. 5Condition 2(d) states: Details of the approved cameras, their precise location and field of vision shall be submitted and be approved by Council prior to their installation. The type of camera to be used and their positioning shall be such as to minimise the view of the public domain and adjacent properties. The cameras shall be of a fixed lens type (ie no zoom or ability to pan from side to side/up/down).