Pockley v City of Sydney Council [2013] NSWLEC 1100

Land and Environment Court New South Wales

Medium Neutral Citation: Pockley v City of Sydney Council [2013] NSWLEC 1100 Hearing dates: 18 March 2013 Decision date: 19 March 2013 Jurisdiction: Class 1 Before: Tuor C Decision: (1)The appeal is upheld. (2)The development application for alterations and additions at 34 Walter Street, Paddington, is approved subject to the conditions in Annexure A. (3)The exhibits, except Exhibits 1, A and F, may be returned. Catchwords: DEVELOPMENT APPLICATION: alterations and additions to existing dwelling. Impact on heritage significance of conservation area and solar access. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act South Sydney Local Environmental Plan 1998 Sydney Local Environmental Plan 2012 Cases Cited: Blackmore Design Group Pty Limited v North Sydney Council 2001 NSWLEC 279 Terrace Tower Holdings Pty Limited v Sutherland Shire Council 2003 NSWCA 289 Category: Principal judgment Parties: Roger and Patricia Pockley (Applicant)

Council of the City of Sydney (Respondent) Representation: Counsel Dr S Berveling, barrister (Respondent) Solicitor Council of the City of Sydney (Respondent) File Number(s): 10035 of 2013

Judgment This determination was given extemporaneously and has been edited prior to publication 1COMMISSIONER: This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 against condition 2 of a development consent imposed by the Council of the City of Sydney (council) on development application D/2012/1526 for alterations and additions to an existing terrace at 34 Walter Street, Paddington (site). 2Condition 2 requires the first floor extension at the rear of the dwelling (bedroom two) to be deleted. The key issues in dispute between the parties are whether the proposed first floor extension would: (1)have an adverse impact on the significance of the existing terrace row and the conservation area, and (2)result in unacceptable overshadowing of the adjoining property to the south, 36 Walter Street.