Harper v City of Sydney Council [2013] NSWLEC 1091

Land and Environment Court New South Wales

Medium Neutral Citation: Harper v City of Sydney Council [2013] NSWLEC 1091 Hearing dates: 6,7 May 2013 Decision date: 07 May 2013 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is upheld. 2. The application to modify conditions of consent to the approval by the City of Sydney Council on approval D/2010/2111/A for alterations and additions to an existing terrace house at 524 Bourke Street, Surry Hills is approved subject to the conditions in Annexure A. 3. The exhibits are returned with the exception of exhibits 5 and W. Catchwords: MODIFICATION; conditions relating to relocation of external stairway, whether height of garage should be reduced, whether heritage interpretation study required and whether unacceptable heritage impact of new rear balcony Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 South Sydney Development Control Plan 2007 South Sydney Heritage Development Control Plan 2006 South Sydney Local Environmental Plan 1998 Sydney Local Environmental Plan 2012 Sydney Development Control Plan 2012 Category: Principal judgment Parties: Luke Harper and Suzanne Lemon (Applicants) City of Sydney Council (respondent) Representation: Mr Luke Harper, litigant in person, (Applicants) Mr A Simpson, solicitor (respondent) - (Applicants) City of Sydney Council (respondent) File Number(s): 10127 of 2013