Rowell v City of Sydney Council [2016] NSWLEC 1051

Land and Environment Court New South Wales

Medium Neutral Citation: Rowell v City of Sydney Council [2016] NSWLEC 1051 Hearing dates: 28 January 2016 Date of orders: 16 February 2016 Decision date: 16 February 2016 Jurisdiction: Class 1 Before: Pearson C Decision: 1. The appeal is upheld. 2. Development Application D/2015/1378 for alterations and additions to an existing dwelling and shop at 75-77 Lower Fort Street Dawes Point is approved subject to the conditions in Annexure A. 3. The exhibits are returned except for exhibits 1, A and C. Catchwords: DEVELOPMENT APPLICATION: Alterations and additions to shop top dwelling – Heritage item – Heritage Conservation Area – Security grille Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Heritage Act 1977 Sydney Local Environmental Plan 2012 Cases Cited: Rowell v Council of the City of Sydney [2015] NSWLEC 1246 Category: Principal judgment Parties: Sandra Rowell (Applicant) City of Sydney Council (Respondent) Representation: Ms S Rowell (Applicant in person) Mr A Simpson, City of Sydney File Number(s): 11091 of 2015 Publication restriction: No

Judgment 1. This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 (the Act) in relation to a Development Application D/2015/1378 for alterations and additions to an existing dwelling and shop at 75-77 Lower Fort Street Dawes Point (the site). 2. The development application was lodged with the respondent Council on 24 September 2015, and the Class 1 appeal was lodged against a deemed refusal on 30 November 2015. On 12 January 2016 the Council granted development consent subject to conditions. The appeal relates only to the imposition of conditions (2), (3)(g) and (3)(h).