Tran v Council of the City of Sydney [2013] NSWLEC 1047

Land and Environment Court New South Wales

Medium Neutral Citation: Tran v Council of the City of Sydney [2013] NSWLEC 1047 Hearing dates: 11 March 2013 Decision date: 20 March 2013 Jurisdiction: Class 1 Before: Hussey C Decision: (1) The appeal is dismissed. (2) Development consent for DA/2012/468 for the proposed change in use of Unit 10, 2 - 6 Tilford Street Zetland, from commercial to residential is refused. (3) The exhibits may be returned except for 3, A and C. Catchwords: Development application; Conversion of an approved commercial space unit to a small residential unit within an existing residential flat building, amenity considerations, private open space, solar access, ventilation, safety and security Legislation Cited: Environmental Planning and Assessment Act 1979 South Sydney Local Environmental Plan 1998 Sydney Local Environmental Plan 2012 South Sydney Development Control Plan 1997 Sydney Development Control Plan 2012 South Sydney Development Control Plan 11: Transport Guidelines for Development 1996 State Environmental Planning Policy - BASIX State Environmental Planning Policy 65 - Design Quality of Residential Flat Buildings Category: Principal judgment Parties: Leanne Tran (Applicant)

Council of the City of Sydney (Respondent) Representation: Ms L Saw (Applicant) Mr A Hawkes (Respondent) File Number(s): 11179 of 2012

Judgment

Background 1This appeal is against council's refusal of a development application for the change in use of a ground floor commercial unit to a residential bedsit unit. The unit is situated within a residential flat building located at Unit 10 2 - 6 Tilford Street Zetland. 2The issues raised by council concern: * Residential amenity, particularly private open space, solar access and ventilation * Safety and security