Architects Becerra v Council of the City of Sydney [2014] NSWLEC 1250

Land and Environment Court New South Wales

Medium Neutral Citation: Architects Becerra v Council of the City of Sydney [2014] NSWLEC 1250 Hearing dates: 27 November 2014 Decision date: 27 November 2014 Jurisdiction: Class 1 Before: Fakes C Decision: Appeal upheld Consent granted to Development Application No. D/2013/1461for the construction of a residential flat building and associated works at 1 Sparkes Lane, Camperdown in accordance with conditions of consent. Catchwords: DEVELOPMENT APPLICATION: Residential flat building; height control, overshadowing, building separation, privacy. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development Sydney Local Environmental Plan 2012 Cases Cited: Blackmore Design Group Pty Ltd v Manly Council [2014] NSWLEC 1180 Category: Principal judgment Parties: Architects Beccara (Applicant) Council of the City of Sydney (Respondent) Representation: Applicant: Mr M Staunton (Barrister) Respondent: Mr A Singh (Solicitor) Applicant: Sattler & Associates Pty Limited Respondent: Council of the City of Sydney File Number(s): 10563 of 2014

Judgment 1COMMISSIONER: The applicant appeals the Council of the City of Sydney's refusal of Development Application D/2013/1461 for the construction of a 6 storey residential flat building consisting of 11 apartments, 2 car parking spaces, 3 bicycle parking spaces and a landscaped pedestrian through link at 1 Sparkes Lane, Camperdown. 2Following a conciliation conference held in accordance with s 34 of the Land and Environment Court Act 1979 (the Court Act) on 9 October 2014, the applicant filed a Notice of Motion seeking leave to rely on amended plans. The amendments seek to address a number of issues raised by council in its Statement of Facts and Contentions. The amended plans were provided to residents who had made submissions opposing the development. 3The matter resumed on site on 27 November 2014 and the Court and the parties had the opportunity to hear from a number of nearby residents. The concerns raised by the residents are summarised as: * Loss of sunlight to the rear private open space of 14 and 18 Sparkes Street, Camperdown; * Excessive height, bulk and scale in the context of the site's proximity to a heritage conservation area and two heritage listed terraces; * Materials and finishes not in keeping with the nearby heritage items and conservation area; * Visual impact of a tall building adjoining smaller buildings; * Privacy and overlooking issues; * Noise and access issues during and after construction; and * Potential for flooding of 2A Short Street if building inadequately engineered. 4As there was no delegated authority for the council to enter into an agreement, the matter returned to court and the s 34 conciliation was terminated in accordance with s 34(4) of the Court Act. Pursuant to s 34(4)(b)(ii) of the Court Act, the parties agreed to me disposing of the matter on the basis of what occurred during the conciliation conference. 5The Notice of Motion was heard. The council did not oppose the motion, and the applicant was granted leave to rely on the amended plans. As the amendments were more than minor, an order was made under s 97B of the Environmental Planning and Assessment Act 1979 (the Act) for the applicant to pay council's costs thrown away, as agreed or assessed. 6Amongst other things, the amended plans remove the top storey, reduce the number of units from 11 to 10, provide a mixture of 7 x 1 bedroom and 3 x 2 bedroom units, provide four car parking spaces and 12 bicycle spaces; and make architectural changes to reduce the impact on adjoining properties.