Haralambis Management Pty Ltd v Council of the City of Sydney [2013] NSWLEC 1009

Land and Environment Court New South Wales

Medium Neutral Citation: Haralambis Management Pty Ltd v Council of the City of Sydney [2013] NSWLEC 1009 Hearing dates: 17 December 2012 Decision date: 16 January 2013 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is upheld in part. 2. The development application for a mixed use building at 137-141 Bayswater Road, Rushcutters Bay is approved, subject to the conditions in Annexure A. 3. The exhibits, except Exhibits 5 and A, may be returned. Catchwords: DEVELOPMENT APPLICATION: mixed commercial/residential development. Deferred commencement condition. Whether balconies have "external wall" or "outer wall" and are included as gross floor area for purpose of calculating floor space ratio. Legislation Cited: Environmental Planning and Assessment Act 1979 South Sydney Local Environmental Plan 1998 Sydney Local Environmental Plan 2012 State Environmental Planning Policy No 65 - Design Quality of Residential Flat Buildings State Environmental Planning Policy (Infrastructure) 2007 Cases Cited: Architectural Property Services Pty Ltd v Rockdale City Council [1999] NSWLEC 83 Blackmore Design Group Pty Ltd v North Sydney Council [2002] NSWLEC 279 Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 Terrace Tower Holdings Pty Limited v Sutherland Shire Council 2003 NSWCA 289 Category: Principal judgment Parties: Haralambis Management Pty Ltd (Applicant)