Bellevue Street Holdings Pty Limited v Council of the City of Sydney [2016] NSWLEC 1125

Land and Environment Court New South Wales

Medium Neutral Citation: Bellevue Street Holdings Pty Limited v Council of the City of Sydney [2016] NSWLEC 1125 Hearing dates: 11 December 2015 Date of orders: 07 April 2016 Decision date: 07 April 2016 Jurisdiction: Class 1 Before: Tuor C Decision: (1) The appeal is dismissed. (2) The development application (D/2014/510) for consolidation of two adjoining allotments, alterations and additions to the two existing terraces and construction of a garage and third dwelling at 13 and 15 Bellevue Street, Surry Hills, is refused. (3) The exhibits, except Exhibit 1, are returned. Catchwords: DEVELOPMENT APPLICATION: alterations and additions to existing terrace houses including the construction of an additional dwelling. Breach of height standard, amenity impacts. Legislation Cited: Environmental Planning and Assessment Act 1979 Sydney Local Environmental Plan 2012 South Sydney Local Environmental Plan 1998 Cases Cited: Bates Smart Pty Ltd v Council of the City of Sydney [2014] NSWLEC 1001 Category: Principal judgment Parties: Bellevue Street Holdings Pty Limited (Applicant)

Council of the City of Sydney (Respondent) Representation: Counsel: Ms J Reid (Applicant)

Ms F Berglund (Respondent)

Solicitors: Pikes and Verekers (Applicant)

Sydney City Council (Respondent) File Number(s): 10515 of 2015

Judgment 1. This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of a development application (D/2014/510) by the Council of the City of Sydney (council) to consolidate two adjoining allotments, alterations and additions to the two existing terraces and construct a garage and third dwelling at 13 and 15 Bellevue Street, Surry Hills (site). 2. The contentions raised by council relate to whether the proposal is an overdevelopment of the site, satisfactory amenity is provided, the impact within the conservation area is appropriate, the proposal demonstrates design excellence, access arrangements are appropriate and the development is in the public interest.