Wechsler v Sydney City Council [2013] NSWLEC 1116

Land and Environment Court New South Wales

Medium Neutral Citation: Wechsler v Sydney City Council [2013] NSWLEC 1116 Hearing dates: 18 June 2013 Decision date: 03 July 2013 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld in part Catchwords: Modification of consent, bulk, scale, overlooking, compliance with planning controls Legislation Cited: Sydney Local Environmental Plan 2012 Cases Cited: Hexiva Pty Limited v Sydney City Council [2004] NSWLEC 527 Category: Principal judgment Parties: Robert Wechsler (Applicant)

Sydney City Council (Respondent) Representation: Ms A Pearman (Respondent) APPLICANT Robert Wechsler (Litigant in person)

RESPONDENT Ms M Flick (Solicitor) Sydney City Council File Number(s): 10024 of 2013

Judgment 1Mr Wechsler owns a residential flat building at 5 Tusculum Street, Potts Point and has obtained development consent to carry out alterations and additions to that building. His most recent application relating to the site was to modify development consent U/9/00554. Sydney City Council determined that application on 11 January by partially approving the changes sought. Wechsler is appealing those aspects of the application that were not approved. 2Mr Wechsler was self-represented and did not rely on any expert evidence. 3The matter had been the subject of a conciliation conference before another Commissioner of the Court and, whilst the process was terminated, the number of contentions pressed by the council in relation to the application has been reduced. The issues before the Court are whether planter boxes should be deleted and balustrading reduced in height around upper floor terraces; whether tinted glazing should be added to approved pergolas and whether additional pergolas should be added at the sixth floor to the north and south elevations.