Griffiths v Council of the City of Sydney No. 2 [2015] NSWLEC 1227

Land and Environment Court New South Wales

Medium Neutral Citation: Griffiths v Council of the City of Sydney No. 2 [2015] NSWLEC 1227 Hearing dates: 19-20 August, 2014 Decision date: 05 June 2015 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Development Application No. D/2012/1856 for a mixed use development at 106-108 Redfern Street, Redfern is approved, subject to the conditions of consent at Annexure 'A'. 3. The exhibits, other than exhibits 1, 21, B and D, are returned Catchwords: DEVELOPMENT APPLICATION: mixed use development within a heritage conservation area; whether facade of the existing building should be retained; height and impact on neighbours' amenity; site burdened by an easement requiring diversion or extinguishment for construction of proposed development. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Conveyancing Act 1919 Cases Cited: Blackmore Design Group Pty Ltd v North Sydney Council 118 LGERA 290 Mison v Randwick Municipal Council (1991) 23 NSWLR 734 Category: Principal judgment Parties: Mr Randolph Griffiths (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: Mr A. Perkins Solicitor (Applicant) Ms A. Pearman Barrister (Respondent Solicitors: Colin Biggers & Paisley (Applicant) Council of the City of Sydney (Respondent) File Number(s): 10086 of 2014