Abrams v The Council of the City of Sydney [2017] NSWLEC 1371

Land and Environment Court New South Wales

Medium Neutral Citation: Abrams v The Council of the City of Sydney [2017] NSWLEC 1371 Hearing dates: 15,16 May 2017, 9,14 June 2017 Date of orders: 18 July 2017 Decision date: 18 July 2017 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is dismissed. 2. Development Application D/2016/631 for the demolition of an existing commercial building and construction of a new residential flat building at 9 Power Road, Alexandria is refused. 3. The exhibits are returned with the exception of exhibits 1 and A. Catchwords: DEVELOPMENT APPLICATION: demolition of the existing commercial building on the site and construction of a new residential flat building - excessive floor space ratio - amenity impacts on future residents - inconsistent with the desired future of the locality Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No. 65 - Design Quality of Residential Apartment Development Sydney Local Environmental Plan 2012 Cases Cited: Schaffer Corporation v Hawkesbury City Council (1992) 77 LGRA 21 Category: Principal judgment Parties: Gary Abrams (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: Mr M Staunton, barrister (Applicant) Ms J Reid, barrister (Respondent)

Solicitors: Mills Oakley (Applicant) The Council of the City of Sydney (Respondent) File Number(s): 2016/219159