Bettar v Sydney City Council [2014] NSWLEC 1106

Land and Environment Court New South Wales

Medium Neutral Citation: Bettar v Sydney City Council [2014] NSWLEC 1106 Hearing dates: 11 June 2014 Decision date: 12 June 2014 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: Consent Orders: residential flat building, objection to development standards Legislation Cited: Sydney Local Environmental Plan 2012; State Environmental Planning Policy No. 65 - Design Quality of Residential Flat Development; Environmental Planning and Assessment Act 1979 Cases Cited: Wehbe v Pittwater Council [2007] NSWLEC 827 Texts Cited: Sydney Development Control Plan 2012; Category: Principal judgment Parties: Paul Bettar (Applicant) Sydney City Council (Respondent) Representation: Ms S Duggan SC (Applicant) Mr C McEwen SC (Respondent) Mr V Conomos, Conomos Legal (Applicant) Mr A Simpson, Sydney City Council (Respondent) File Number(s): 10815 of 2013

Judgment 1Mr Bettar lodged Development Application D/2013/1203 with Sydney City Council on 19 August 2013 seeking consent to demolish existing buildings and construct a 3 - 7 storey residential flat building with basement carpark, removal of 14 trees and landscaping works. The council had not determined the application within the prescribed period so this appeal was lodged against the deemed refusal of consent. 2The issues between the parties have been resolved and they are seeking consent orders from the Court. Objectors to the development were notified of the amended plans and provided an opportunity to make further submissions to the Court. One email response was added to the council's Bundle of Documents, Exhibit 1, which stated that, on review of the changes and draft conditions, the remaining design issues were addressed however the loss of trees was regretted as was the need to elevate the ground level of the development. That floor level is a response to local flooding issues.