Surry Suplex Pty Ltd v Council of the City of Sydney No. 2 [2016] NSWLEC 1601

Land and Environment Court New South Wales

Medium Neutral Citation: Surry Suplex Pty Ltd v Council of the City of Sydney No. 2 [2016] NSWLEC 1601 Hearing dates: 17 – 18 November 2016 Date of orders: 16 December 2016 Decision date: 16 December 2016 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Development Application No. D/2015/1693 for the demolition of existing structures and construction of a 6 storey building containing 39 boarding house rooms, two ground floor retail tenancies and bicycle parking at 202-210 Elizabeth Street, Surry Hills, is approved, subject to the conditions of consent at Annexure A. 3. The exhibits, other than exhibits 1, A, B and G, are returned. Catchwords: DEVELOPMENT APPLICATION: boarding house; floor to floor height of the retail tenancy at ground floor; impact of the proposal on the heritage significance of the heritage item adjacent; height of the street wall. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Trinvass Pty Ltd and Anor v Council of the City of Sydney [2015] NSWLEC 151 Surry Suplex Pty Ltd v Council of the City of Sydney [2016] NSWLEC 1549 Category: Principal judgment Parties: Surry Suplex Pty Ltd (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: Mr A. Pickles SC (Applicant) Dr S. Berveling barrister (Respondent)

Solicitors: Marc Jaku, Jaku Legal (Applicant) Kirsten Morrin, Council of the City of Sydney (Respondent) File Number(s): 2016/176706