Irfan Noor v The Council of the City of Sydney [2017] NSWLEC 1620

Land and Environment Court New South Wales

Medium Neutral Citation: Irfan Noor v The Council of the City of Sydney [2017] NSWLEC 1620 Hearing dates: 3 November 2017 Date of orders: 09 November 2017 Decision date: 09 November 2017 Jurisdiction: Class 1 Before: Dixon C Decision: (1) Appeal dismissed. (2) The exhibits are returned to the parties. Catchwords: ENVIRONMENT AND PLANNING - development application – alterations and additions to contributory item in a heritage conservation area – two storey addition with two roof terraces – adverse amenity impacts for adjoining properties in terms of visual privacy, overshadowing and solar access– Legislation Cited: Environmental Planning and Assessment Act 1979 Sydney Local Environmental Plan 2012 Sydney Development Control Plan 2012 Cases Cited: Davis v Penrith Council [2013] NSWLEC 1141 Texts Cited: Nil Category: Principal judgment Parties: Irfan Noor (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: Mr A Whealy, solicitor (Applicant ) Ms F Berglund (Respondent )

Solicitors: Mills Oakley Solicitors (Applicant) Ms K Morrin, City of Sydney (Respondent) File Number(s): 2017/85574 Publication restriction: No

Judgment 1. The applicant, Irfan Noor has appealed the Council's refusal of his development application D/2016/932 (DA). The DA seeks consent for the partial demolition of the existing dwelling, and the erection of a two storey terrace with an excavated basement level for parking and a laundry, two roof terraces and rear extension at 185 Palmer Street, Darlinghurst (the site). 2. The background facts and statutory controls are set out in the Council's Amended Statement of Facts and Contentions filed on 24 August 2017. I do not propose to repeat all of that detail, save to note the following matters in order to give some context to the evidence.