Madz v The Council of the City of Sydney [2018] NSWLEC 1179

Land and Environment Court New South Wales

Medium Neutral Citation: Madz v The Council of the City of Sydney [2018] NSWLEC 1179 Hearing dates: 19 and 20 March 2018 Date of orders: 22 March 2018 Decision date: 22 March 2018 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The objections pursuant to cl 4.6 of Sydney Local Environmental Plan 2012 are upheld. (2) The appeal is upheld. (3) Consent is granted to Development Application No. D/2017/1176 for alterations to an existing part 4, part 5 storey dwelling to increase the area of the existing 5th storey such that it extends to the southern boundary and the addition of the roof top terrace at 8 Belmore Land Surry Hills (Lot F, DP 928957), subject to conditions in Exhibit 6 and as attached at Annexure A. (4) The exhibits are returned with the exception of exhibits 2, 6, A and the Class 1 application. Catchwords: DEVELOPMENT APPEAL: alterations and additions to existing "small house" – heritage conservation area – variations to floor space and height controls – view impacts – variations upheld – approval warranted. 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: Bates Smart Pty Ltd v Council of the City of Sydney [2014] NSWLEC 1001 Bellevue Street Holdings Pty Limited v Council of the City of Sydney [2016] NSWLEC 1125 Randwick City Council v Micaul Holdings Pty Ltd [2016] NSWLEC 7 Wehbe v Pittwater Council [2007] NSWLEC 827 Category: Principal judgment Parties: Jason Madz (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: Mr Andrew Pickles SC (Applicant)