Tariq v Council of the City of Sydney [2013] NSWLEC 1096

Land and Environment Court New South Wales

Medium Neutral Citation: Tariq v Council of the City of Sydney [2013] NSWLEC 1096 Hearing dates: 20 May 2013 Decision date: 04 June 2013 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is upheld. 2. Development application D/2012/1669 for the demolition of an existing warehouse and the construction of a mixed use development at 144-154 Commonwealth Street, Surry Hills is approved subject to the conditions in Annexure A. 3. The exhibits are returned with the exception of exhibits A and 9. Catchwords: DEVELOPMENT APPLICATION: demolition of an existing warehouse and the construction of a mixed use development - no planning issues raised by council - resident concerns relating to excessive height, heritage impact and unsuitable modern design for the area, overshadowing, loss of privacy, potential structural damage during construction. Legislation Cited: Environmental Planning and Assessment Act 1979 South Sydney Development Control Plan 1997 South Sydney Local Environmental Plan 1998 Sydney Development Control Plan 2012 Sydney Local Environmental Plan 2012 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 Haralambis Management Pty Ltd v Council of the City of Sydney [2013] NSWLEC 1009 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: Mohammad Tariq (Applicant) Council of the City of Sydney (Respondent) Representation: Mr P Clay SC (Applicant) Mr A Hawkes, solicitor (Respondent) Gadens Lawyers (Applicant) Council of the City of Sydney (Respondent) File Number(s): 11230 of 2012