Tony Legge v Council of the City of Sydney [2016] NSWLEC 1424

Land and Environment Court New South Wales

Medium Neutral Citation: Tony Legge v Council of the City of Sydney [2016] NSWLEC 1424 Hearing dates: 8, 9 September 2016 Date of orders: 20 September 2016 Decision date: 20 September 2016 Jurisdiction: Class 1 Before: Dickson C Decision: (1) The appeal is dismissed. (2) Development application DA 2015/1247 for the addition of a new fifth floor to the existing four storey mixed use building at 292 King St. Newtown is refused. (3) The exhibits are returned with the exception of exhibit 1, C and F. Catchwords: DEVELOPMENT APPLICATION: fifth floor addition - impact on significance of heritage item - impact on the character area - compliance with height control. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy 65: Design Quality of Residential Apartment Development Environmental Planning and Assessment Regulation 2000 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy 32- Urban Consolidation (redevelopment of urban land) Cases Cited: Bettar v Council of the City of Sydney [2014] NSWLEC 1070 Stamford Property Services Pty Ltd v City of Sydney & Anor [2015] NSWLEC 1189 Wehbe v Pittwater Council [2007] NSWLEC 827 Bates Smart Pty Ltd v Council of the City of Sydney [2014]NSWLEC1001 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 1009 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Zhang v Canterbury City Council [2001] NSWCA 167 Botany Bay City Council v Premier Customs Services Pty Ltd [2009] NSWCA 226 Texts Cited: Nil Category: Principal judgment Parties: Tony Legge (Legge & Legge Architects) (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: M Staunton (Applicant) S Duggan, SC (Respondent)