Ubaldi v Council of the City of Sydney [2018] NSWLEC 1216

Land and Environment Court New South Wales

Medium Neutral Citation: Ubaldi v Council of the City of Sydney [2018] NSWLEC 1216 Hearing dates: 2 May 2018 Date of orders: 08 May 2018 Decision date: 08 May 2018 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is dismissed. 2. Development Application No. D/2017/361 for the change of use of an existing ground floor commercial tenancy to a residential dwelling, including minor alterations and additions, is refused. 3. The exhibits, other than exhibits 1, A and B, are returned. Catchwords: DEVELOPMENT APPLICATION: change of use from ground floor commercial tenancy to a residential dwelling and minor alterations and additions; whether the apartment has an acceptable level of internal amenity; impact on the public domain. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Mr John Ubaldi (Applicant) Council of the City of Sydney (Respondent) Representation: D Loether, Bartier Perry Lawyers (Applicant) A Singh, Council of the City of Sydney (Respondent) File Number(s): 2017/207050 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No. D/2017/361 for the change of use of an existing ground floor commercial tenancy to a residential dwelling, including minor alterations and additions (the proposal) at 1-11 Brodrick Street, Camperdown (the site) by the Council of the City of Sydney (the Council). 2. The appeal was subject to mandatory conciliation on 7 November 2017, in accordance with the provisions of s 34 of the Land and Environment Court Act 1979 (LEC Act). As agreement was not reached during the conciliation phase, the conciliation conference was terminated on 28 November 2017, pursuant to s 34(4) of the LEC Act.