Karakatsis Holdings Pty Ltd v City of Sydney Council [2015] NSWLEC 1499

Land and Environment Court New South Wales

Medium Neutral Citation: Karakatsis Holdings Pty Ltd v City of Sydney Council [2015] NSWLEC 1499 Hearing dates: 13-14 October, 2015 Date of orders: 01 December 2015 Decision date: 01 December 2015 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeals are dismissed. 2. Development Application No. D/2014/1979 for alterations and additions to an existing dwelling and conversion into a residential flat building containing 3 dwellings, at 16 Prospect Street, Erskineville and Development Application No. D/2014/1980 for alterations and additions to an existing dwelling and conversion into a residential flat building containing 3 dwellings at 18 Prospect Street, Erskineville, are refused. 3. The exhibits, other than exhibits 4 and D, are returned. Catchwords: DEVELOPMENT APPLICATION: alterations and additions to two attached townhouses and conversion of each townhouse into a residential flat building with three apartments; internal amenity; compliance with the Building Code of Australia. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Mison v Randwick Municipal Council (1991) 23 NSWLR 734 Category: Principal judgment Parties: Karakatsis Holdings Pty Ltd (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: Ms R. McCulloch solicitor (Applicant) Dr J. Smith barrister (Respondent) Solicitors: Pikes Verekers Lawyers (Applicant) Council of the City of Sydney (Respondent) File Number(s): 10354 and 10355 of 2015