Archebiosis Design Pty Limited v Council of the City of Sydney [2016] NSWLEC 1482

Land and Environment Court New South Wales

Medium Neutral Citation: Archebiosis Design Pty Limited v Council of the City of Sydney [2016] NSWLEC 1482 Hearing dates: 28-29 September 2016 Date of orders: 21 October 2016 Decision date: 21 October 2016 Jurisdiction: Class 1 Before: Morris C Decision: Appeal dismissed Catchwords: MODIFICATION APPLICATION: whether substantially the same development; conditions of consent; fire safety; amenity impacts Legislation Cited: State Environmental Planning Policy (Affordable Rental Housing) 2009; Sydney Local Environmental Plan 2012; Civil Procedure Act 2005 Cases Cited: Moto Projects (No. 2) Pty Limited v North Sydney Council [1999] NSWLEC 280 Texts Cited: Building Code of Australia Category: Principal judgment Parties: Archebiosis Design Pty Limited (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: Ms A Pearman (Respondent)

Solicitors: Mr S Kondilios Hall & Wilcox Lawyers (Applicant) Mr A Singh Council of the City of Sydney (Respondent) File Number(s): 155265/2016

Judgment 1. Archebiosis Design Pty Limited lodged an appeal under s97AA of the Environmental Planning and Assessment Act 1979 (EP&AAct) against Sydney City Council's actual refusal of an application to modify a development consent (DU/1998/1048/B) to change the use of the third floor of a building from a five room boarding house to backpackers hostel operating in conjunction with the existing facility operated on the first and second floors. 2. The contentions in the case are that the development is not substantially the same as that originally approved; a contribution towards affordable housing is required and opposed by the applicant and insufficient information has been provided to properly assess any health and fire safety impacts on existing and future occupants of the premises.