Baron Corporation Pty Ltd v The Council of the City of Sydney [2018] NSWLEC 1552

Land and Environment Court New South Wales

Medium Neutral Citation: Baron Corporation Pty Ltd v The Council of the City of Sydney [2018] NSWLEC 1552 Hearing dates: 3 October 2018 Date of orders: 19 October 2018 Decision date: 19 October 2018 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is dismissed. (2) The development application D/2018/72 for alterations and additions to an approved 7-storey residential flat building at 17-19 and 21 Dunning Avenue, Rosebery, is refused. (3) Exhibits 2, 3, 4 and 5 are returned. Catchwords: APPEAL – development application – alterations and additions to an approved residential flat building for which development consent has not yet commenced – increase in floor space by in-filling of voids – contravention of the FSR development standard - increase in the number of units – no adverse impacts – increased intensity - whether consent should be granted notwithstanding contravention of FSR development standard – whether state of satisfaction required by cl 4.6(4)(a) has been reached Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55–Remediation of Land State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Sydney Local Environmental Plan 2012 Cases Cited: Bettar v Council of the City of Sydney [2016] NSWLEC 1456 BKA Architecture v Council of the City of Sydney [2016] NSWLEC 1492 Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 18 PDE Investments No 8 Pty Ltd v Manly Council [2004] NSWLEC 355 Wehbe v Pittwater Council (2007) 156 LRERA 446; [2007] NSWLEC 827 Texts Cited: Apartment Design Guide Sydney Development Control Plan 2012 Category: Principal judgment Parties: Baron Corporation Pty Ltd (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: A Galasso SC (Applicant) A Pickles SC (Respondent)