Aloke Holdings Pty Ltd v Council of the City of Sydney [2019] NSWLEC 1177

Land and Environment Court New South Wales

Medium Neutral Citation: Aloke Holdings Pty Ltd v Council of the City of Sydney [2019] NSWLEC 1177 Hearing dates: 20 – 21 March 2019 Date of orders: 17 April 2019 Decision date: 17 April 2019 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Applicant is granted leave to rely on amended plans; (2) Development Application No. D/2017/1602 for the construction of two, two-storey dwellings with attic and roof terrace, basement parking, alterations and additions to the existing heritage item, and site works including the removal of seven trees and installation of new landscaping at 75 Hereford Street, Forest Lodge is refused. (3) The exhibits are returned with the exception of Exhibits A and 7. Catchwords: DEVELOPMENT APPLICATION: New terraces proposed in the rear of a listed heritage item – whether the proposed terraces will have an adverse impact on the heritage significance of the item – whether the internal and street setbacks are acceptable – amenity impacts – whether the development exhibits design excellence Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Sydney Local Environmental Plan 2012 Cases Cited: Berrafall Pty Ltd v Council of the City of Sydney [2009] NSWLEC 1059 MGT 6 Pty Ltd v The Council of the City of Sydney [2017] NSWLEC 1211 Woods v Ku-ring-gai Council [2019] NSWLEC 1122 Texts Cited: Leichhardt Development Control Plan 2000 Sydney Development Control Plan 2012 Category: Principal judgment Parties: Aloke Holdings Pty Ltd (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: S Duggan SC (Applicant) A Pearman (Respondent)