Stewart Stevens v City of Sydney [2017] NSWLEC 1306

Land and Environment Court New South Wales

Medium Neutral Citation: Stewart Stevens v City of Sydney [2017] NSWLEC 1306 Hearing dates: 22, 23 May 2017 Date of orders: 20 June 2017 Decision date: 20 June 2017 Jurisdiction: Class 1 Before: Dickson, C Decision: The orders of the Court are: (1) The applicant is granted leave to rely on amended plans; (2) The applicant is to pay the Respondent's costs thrown away as a result of amending the development application pursuant to s97B as may be agreed or assessed; (3) The appeal is dismissed; (4) Development application D/2016/1471, that sought consent for additions and alterations to terrace dwelling with secondary dwelling including lift extension to roof level and roof terrace at 52 Yurong Street, Darlinghurst, is refused. (5) The exhibits are returned with the exception of exhibits A, B and 11. Catchwords: DEVELOPMENT APPEAL: against refusal of roof terrace - Impact of roof terrace on amenity of adjoining properties – impact on heritage conservation area nearby heritage items Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Cases Cited: Trinvass Pty Ltd v Council of the City of Sydney [2015]NSWLEC 151 Zhang v Canterbury City Council [2001] NSWCA 167 Marinkovic v Rockdale City Council [2006] NSWLEC 601 Future Space Pty Limited v Ku-ring-gai Council (2009) NSWLEC 15 Texts Cited: Nil Category: Principal judgment Parties: Mr Stewart Stevens (Applicant, Litigant in person) Council of the City of Sydney (Respondent) Representation: Counsel: Ms. A Hemmings