Benjamin v Sydney City Council [2015] NSWLEC 1568

Land and Environment Court New South Wales

Medium Neutral Citation: Benjamin v Sydney City Council [2015] NSWLEC 1568 Hearing dates: 26 November 2015 Decision date: 02 December 2015 Jurisdiction: Class 1 Before: Morris C Decision: See [65] Catchwords: DEVELOPMENT APPLICATION: rooftop terrace, impact on heritage conservation area Legislation Cited: Sydney Local Environmental Plan 2012; Environmental Planning and Assessment Act 1979 Cases Cited: Anderson v City of Sydney Council No. 2 [2015] NSWLEC 1144 Texts Cited: Sydney Development Control Plan 2012; Apartment Design Guide Category: Principal judgment Parties: Anthony John Benjamin (Applicant) Sydney City Council (Respondent) Representation: Counsel: Ms S Duggan SC (Applicant) Ms F Bergulund (Respondent)

Solicitors: Ms D Slimnicanovski, Gadens (Applicant) Mr A Simpson, Sydney City Council (Respondent) File Number(s): 10760 of 2015

Judgment 1. Development Application D/2015/843 was lodged by Mr Benjamin's architect with Sydney City Council on 22 June 2015 seeking consent for a new terrace to the roof and new stairs to connect the existing living room of his apartment to that terrace. 2. The council refused consent on 28 July 2015 and Mr Benjamin is appealing that decision.

The site and its context 1. The site is legally described as Lot 1 in DP 602427 and is known as 15 Billyard Avenue, Elizabeth Bay. It is sited on the western side of Billyard Avenue, north of Onslow Avenue and contains a five storey residential flat building with garages at the street frontage and units behind and above. The building has a hipped, metal clad roof with a parapet at the east elevation. 2. The application relates to units 10 and 11 within that building and part of the roof area. These units are currently under renovation and will be combined as one unit that will occupy the whole of the top floor of the building. 3. The topography falls from west to east between Macleay Street and across Billyard Avenue to the Elizabeth Bay foreshore. This provides for a series of buildings which are oriented east across the site towards the views. 4. Development in the vicinity of the site is primarily residential with a variety of housing types, architectural styles and building heights.