Lin v Council of the City of Sydney [2014] NSWLEC 1029

Land and Environment Court New South Wales

Medium Neutral Citation: Lin v Council of the City of Sydney [2014] NSWLEC 1029 Hearing dates: 10,11 February 2014 Decision date: 25 February 2014 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is upheld. 2. Development Application D/2012/1872 for alterations and additions to two existing dwellings at 13 and 15 Briggs Street Camperdown is approved subject to the conditions in Annexure A. 3.The exhibits are returned with the exception of exhibits 2 and L. Catchwords: DEVELOPMENT APPLICATION: alterations and additions to two existing dwellings - unacceptable height - inadequate rear setback - unacceptable heritage impacts - inadequate private and communal open space Legislation Cited: Environmental Planning and Assessment Act 1979 South Sydney Local Environmental Plan 1998 Sydney Local Environmental Plan 2012 Cases Cited: Blackmore Design Group Pty Ltd v North Sydney Council [2001] NSWLEC 279 Futurespace Pty Ltd v Ku-ring-gai Council [2009] NSWLEC 153 Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Terrace Tower Holdings Pty Ltd v Sutherland Shire Council (2003) NSWCA 289 Category: Principal judgment Parties: Bing Shi Lin (Applicant) Council of the City of Sydney (Respondent) Representation: Mr G Green, solicitor (Applicant) Dr S Berveling, barrister (Respondent) Pikes & Verekers Lawyers (Applicant) Council of the City of Sydney (Respondent) File Number(s): 10643 of 2013 Publication restriction: No