S & M Constructions Australia Pty Ltd v City of Sydney Council [2018] NSWLEC 1619

Land and Environment Court New South Wales

Medium Neutral Citation: S & M Constructions Australia Pty Ltd v City of Sydney Council [2018] NSWLEC 1619 Hearing dates: 4 October 2018 Date of orders: 04 December 2018 Decision date: 04 December 2018 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) Leave is granted to rely on amended plans referenced in Annexure "A". (2) The appeal is upheld. (3) Development Application D/2017/1251 for the demolition of an existing terrace building at 45 Cooper Street, Surry Hills, and construction of a seven-storey mixed use building with ground floor retail and three apartments above, is approved subject to the conditions set out in Annexure "A". (4) The exhibits are returned with the exception of Exhibits 1, 3, 4, 5, A, B, D, E, G. Catchwords: DEVELOPMENT APPLICATION: consent orders – neighbour objections – multi-storey mixed use development – impact on neighbouring properties – site vulnerability to impact – solar access – visual privacy – loss of outlook Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Sydney Local Environmental Plan 2012 Cases Cited: Davies v Penrith City Council [2013] NSWLEC 1141 New Century Development Pty limited v Baulkham Hills Shire Council [2003] NSWLEC 154 Pafburn v North Sydney Council [2005] NSWLEC 444 Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 Tenacity Consulting v Warringah Council [2004] NSWLEC 140 Zhang v Canterbury City Council [2001] NSWCA 167 Texts Cited: Practice Note - Class 1 Development Appeals Sydney Development Control Plan 2012 Category: Principal judgment Parties: S & M Constructions Australia Pty Ltd (Applicant) City of Sydney Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) S Nash (Respondent)