Owners Corporation Strata Plan 56631 v Council of the City of Sydney [2017] NSWLEC 1007

Land and Environment Court New South Wales

Medium Neutral Citation: Owners Corporation Strata Plan 56631 v Council of the City of Sydney [2017] NSWLEC 1007 Hearing dates: 8 December 2016 Date of orders: 13 January 2017 Decision date: 13 January 2017 Jurisdiction: Class 1 Before: Hussey AC Decision: The Court orders by consent: (1)The appeal is upheld. (2)Development consent is granted to Development Application No.D/2015/1200 (as amended) for the internal and external alterations and additions to the existing residential flat building, the addition of one new level containing two, three bedroom apartments to result in a total of 34 apartments at 13-17 Ithaca Road, Elizabeth Bay, subject to conditions specified in Attachment A to these Orders. (3)The exhibits be returned except for 4, 5, 6, 8, 9, E and F. Catchwords: Development Application; alterations and additions to an existing residential flat building, building height, design, view impacts, amenity impacts concerning air circulation, light and parking. Legislation Cited: Environmental Planning and Assessment Act 1979. Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 (Deemed SEPP). State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004. State Environmental Planning Policy 65 - Design Quality of Residential Flat Development and the Apartment Design Guide. Sydney Local Environmental Plan 2012. Under which the site is Zoned R1 - General Residential Sydney Development Control Plan 2012. Cases Cited: Arnott v Sydney Council [2015] NSWLEC 1052 Tenacity Consulting v Warringah [2004] NSW LEC 140 Category: Principal judgment Parties: Owners Corporation Strata Plan 56631 (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: Dr S Beverling (Respondent)