Pititsa Pty Ltd v Council of the City of Sydney [2018] NSWLEC 1007

Land and Environment Court New South Wales

Medium Neutral Citation: Pititsa Pty Ltd v Council of the City of Sydney [2018] NSWLEC 1007 Hearing dates: 10 and 11 October 2017 Date of orders: 25 January 2018 Decision date: 11 January 2018 Jurisdiction: Class 1 Before: Martin SC Decision: (1) The parties are ordered to file settled, revised plans and conditions of consent reflecting the outcome of my determination by 23 January 2018. (2) The matter is set down for mention before me at 10 am on 24 January 2018. (3) If Direction (1) is complied with, I will make orders in chambers to grant development consent and vacate the mention in Direction (2). Catchwords: DEVELOPMENT APPEAL – actual refusal – demolition of existing structures and erection of five storey residential flat building – whether garage is characteristic of the conservation area - impact of development on heritage conservation area and streetscape – overdevelopment – inadequate private and communal open space – site unsuitable for the development Legislation Cited: Environmental Planning and Assessment Act 1979 Sydney Development Control Plan 2012 Sydney Local Environmental Plan 2012 Cases Cited: Botany Bay City Council v Premier Customs Services Pty Ltd [2009] NSWCA 226 Lin v Council of the City of Sydney [2014] NSWLEC 1029 at [64] Texts Cited: The Macquarie Dictionary (3rd Ed) Category: Principal judgment Parties: Pititsa Pty Ltd (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: Mr M Staunton (Applicant) Ms F Berglund (Respondent)