Romer v City of Sydney Council [2018] NSWLEC 1078

Land and Environment Court New South Wales

Medium Neutral Citation: Romer v City of Sydney Council [2018] NSWLEC 1078 Hearing dates: 28 and 29 November 2017 Date of orders: 16 March 2018 Decision date: 22 February 2018 Jurisdiction: Class 1 Before: Smithson C Decision: The orders of the Court are: (1) The applicant is granted leave to rely on amended plans. (2) The Court approves the clause 4.6 variation of the development control for Floor Space Ratio set out in clause 4.4 of the Sydney Local Environmental Plan 2012. (3) The appeal is upheld. (4) Development consent is granted to Development Application D/2016/1760 for alterations and additions to an existing dwelling house at 1A Zamia Street, Redfern subject to the conditions in Annexure A. (5) The exhibits are returned other than exhibits A, G and 1. Catchwords: DEVELOPMENT APPLICATION – terrace extension in heritage conservation area; impact on conservation area; impact on streetscape; height exceedance; FSR exceedance; clause 4.6 application; design excellence considerations; public interest Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Sydney Local Environmental Plan 2012 Cases Cited: Nil Texts Cited: Sydney Development Control Plan 2012 Category: Principal judgment Parties: Louise Romer (Applicant) City of Sydney Council (Respondent) Representation: Counsel: Ms J Reid, barrister (Applicant) Dr S Berveling, barrister (Respondent)