Sandra Rowell v Council of the City of Sydney [2015] NSWLEC 1246

Land and Environment Court New South Wales

Medium Neutral Citation: Sandra Rowell v Council of the City of Sydney [2015] NSWLEC 1246 Hearing dates: 2-3 March 2015 Date of orders: 07 July 2015 Decision date: 07 July 2015 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is dismissed 2. The development application (DA/2014/754) for alterations and additions to an existing dwelling and former shop for use as a dwelling and home business at 75-77 Lower Fort Street, Millers Point, Sydney, is refused; 3. The exhibits, except Exhibits 1 and B, are returned. Catchwords: DEVELOPMENT APPLICATION: alterations and additions to an existing dwelling house and former shop for use as dwelling and home business. Non-compliance with height standard. Impact on significance of heritage item and heritage conservation area. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Heritage Act 1977 Sydney Local Environmental Plan 2012 Category: Principal judgment Parties: Sandra Rowell (Applicant)

Council of the City of Sydney (Respondent) Representation: Counsel: Mr P Clay SC (Respondent)

Solicitors: Mr M Baird of HWL Lawyers (Applicant)

Mr A Simpson of Council of City of Sydney (Respondent) File Number(s): 10909 of 2014

Judgment 1. This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal by the Council of the City of Sydney (council) of a development application (DA/2014/754) for alterations and additions to an existing dwelling and former shop for use as a dwelling and home business at 75-77 Lower Fort Street, Millers Point, Sydney (site). 2. The key issues in dispute between the parties are whether: 1. the breach of the height standard is satisfactory; and 2. the alterations and additions will have an adverse effect on the significance of the heritage item and the Heritage Conservation Area;