Dickson v Sydney City Council [2016] NSWLEC 1090

Land and Environment Court New South Wales

Medium Neutral Citation: Dickson v Sydney City Council [2016] NSWLEC 1090 Hearing dates: 4 March 2016 Date of orders: 15 March 2016 Decision date: 15 March 2016 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: DEVELOPMENT APPLICATION: amended plans, whether plans are consistent with objectives of DCP, streetscape, laneway dwellings Legislation Cited: Environmental Planning and Assessment Act 1979; Land and Environment Court Act 1979; Sydney Local Environmental Plan 2012 Texts Cited: Sydney Development Control Plan 2012 Category: Principal judgment Parties: Andrew Dickson (Applicant)

Sydney City Council (Respondent) Representation: Solicitors: Mr T Sattler Sattler & Associates Pty Limited (Applicant) Ms K Ridling Sydney City Council (Respondent) File Number(s): 11070 of 2015

Judgment 1. Mr Dickson obtained development consent from Sydney City Council which authorised demolition of a garage and construction of a garage with studio above. Mr Dickson lodged an application to review the approved plans through substitution of alternate plans. The Council refused that application and he is appealing that decision.

The site and its context 1. The site is known as 122 Victoria Street Beaconsfield and has an area of approximately 139 m² with a primary street frontage to Victoria Street (east) and a secondary frontage to Victoria Lane (west). The site contains a two storey dwelling fronting Victoria Street with a single storey garage accessed from Victoria Lane. A courtyard separates these two structures on the site. 2. Surrounding land uses are predominantly residential with the exception of a warehouse building directly to the south adjacent to the site which is used for commercial purposes. The residential development in the vicinity of the site varies from single storey dwelling houses to residential flat buildings up to 3 storeys in height. The predominant built form on the eastern side of Victoria Lane is single storey garage structures. On the western side there is a mix of garages, industrial and residential buildings ranging from one to three storeys in height.