Sophios v The Council of the City of Sydney [2018] NSWLEC 1658

Land and Environment Court New South Wales

Medium Neutral Citation: Sophios v The Council of the City of Sydney [2018] NSWLEC 1658 Hearing dates: 13-14 November 2018 Date of orders: 02 January 2019 Decision date: 19 December 2018 Jurisdiction: Class 1 Before: Walsh C & Horton C Decision: See Directions at [59] below Catchwords: DEVELOPMENT APPLICATION: Boarding house development; impact on heritage significance of the Heritage Conservation Area; bulk and scale; car parking Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy No.55 – Remediation of land Sydney Local Environment Plan 2012 Texts Cited: City of Sydney Waste Minimisation Policy for New Developments 2005 Conference of Expert Witnesses Policy Practice Note – Class 1 Development Appeals Sydney Development Control Plan 2012 Category: Principal judgment Parties: Zoe Sophios (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: M Staunton (Applicant) A Pickles SC (Respondent)

Solicitors: Wilshire Webb Staunton Beattie (Applicant) City of Sydney Council (Respondent) File Number(s): 2017/325414 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 City of Sydney Council's deemed refusal of Development Application No. DA D/2017/1136 for a boarding house and associated development at 7 Clisdell Street and 16-22 Brumby Street, Surry Hills.