Bettar v Council of the City of Sydney [2012] NSWLEC 1304

Land and Environment Court New South Wales

Medium Neutral Citation: Bettar v Council of the City of Sydney [2012] NSWLEC 1304 Hearing dates: 24-25 September 2012 Decision date: 02 November 2012 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Development Application No. D/2012/462 for a four storey mixed use development at 43-45 Riley Street Woolloomooloo is approved, subject to the conditions in Annexure A. 3. The exhibits, other than exhibit 1, are returned. Catchwords: DEVELOPMENT APPLICATION: mixed use development, within the vicinity of heritage items, heritage conservation area, weight to be given to draft LEP. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Goldin & Anor v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 [2002] NSWLEC 75 Zhang v Canterbury City Council (2001) 115 LGERA 373 Category: Principal judgment Parties: Mr Paul Bettar (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel Ms Sandra Duggan SC (Applicant) Ms Fenja Berglund (Barrister) (Respondent) Solicitors Conomos Legal (Applicant) Council of the City of Sydney (Respondent) File Number(s): 10436 of 2012

Judgment 1COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 against the refusal of Development Application No. D/12/462 (the proposal) by the Council of the City of Sydney (the Council) to construct a five storey residential flat building with retail on the ground floor fronting Riley Street, at 43-45 Riley Street, Woolloomooloo (the site).