Xu v Council of the City of Sydney [2018] NSWLEC 1332

Land and Environment Court New South Wales

Medium Neutral Citation: Xu v Council of the City of Sydney [2018] NSWLEC 1332 Hearing dates: 20-21 June 2018 Date of orders: 22 June 2018 Decision date: 22 June 2018 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders: (1) The applicant is granted leave to rely on amended plans. (2) No order as to costs. (3) The appeal is dismissed. (4) Development application DA D/2017/1051 for demolition, alterations and additions, and Torrens title subdivision at 12 Sparkes Street Camperdown is refused. (5) The exhibits are returned with the exception of Exhibit 1. Catchwords: DEVELOPMENT APPEAL: determination of significance - Impact of works on heritage significance – subdivision – consent refused Legislation Cited: Environmental Planning and Assessment Act 1979 Sydney Development Control Plan 2012 Cases Cited: Abrams v City of Sydney (No 2) [2018] NSWLEC 85 Bates Smart Pty Ltd v City of Sydney [2014] NSWLEC 1001 David Road v Hornsby Shire Council [2008] NSWLEC 1461 Futurespace Pty Ltd v Ku-ring-gai Council (2009) 169LGERA 153 Helou v Strathfield Municipal Council (2006) 144 LGERA 322 Norm Fletcher & Associates Pty Limited v Strathfield Municipal Council [2014] NSWLEC 157 Norm Fletcher & Associates Pty Ltd v Strathfield Municipal Council [2013] NSWLEC 1118 Texts Cited: Burra Charter Category: Principal judgment Parties: Hong Xu (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: L Byrne (Applicant)