Abrams v The Council of the City of Sydney (No 5) [2019] NSWLEC 1368

Land and Environment Court New South Wales

Medium Neutral Citation: Abrams v The Council of the City of Sydney (No 5) [2019] NSWLEC 1368 Hearing dates: 24 July 2019 Date of orders: 07 August 2019 Decision date: 07 August 2019 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is dismissed; (2) Development Application No. D/2017/1809 for the demolition of the existing commercial building on the site and construction of a new four-storey residential flat building containing 14 units and associated bicycle parking and waste storage is refused. Catchwords: DEVELOPMENT APPEAL– new residential flat building – remitted matter – variation to height control - variation to floor space ratio control – whether the variation request is well-founded – whether the objectives of the controls are met – sufficiency of environmental planning grounds Legislation Cited: Civil Procedure Act 2005 Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No 65 — Design Quality of Residential Flat Development Sydney Local Environmental Plan 2012 Cases Cited: Abrams v The Council of the City of Sydney [2018] NSWLEC 1648 Abrams v The Council of the City of Sydney (No 2) [2018] NSWLEC 85 Addenbrooke Pty Ltd v Woollahra Municipal Council [2008] NSWLEC 190 Baron Corporation Pty Limited v Council of the City of Sydney [2019] NSWLEC 61 Baron Corporation Pty Limited v Council of the City of Sydney [2018] NSWLEC 1552 Fast Buck$ v Byron Shire Council (1999) LGERA 91 Four2Five Pty Ltd v Ashfield Council [2015] NSWCA 248 Gary Abrams v The Council of the City of Sydney (No. 4) [2019] NSWLEC 71 Goldin and Anor v Minister for Transport (2002) 121 LGERA 101;[2002] NSWLEC 75 Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 8 RebelMH Neutral Bay Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446 Texts Cited: Apartment Design Guide Development Guidelines: Providing Community Infrastructure in Green Square Sydney Development Control Plan 2012 Category: Principal judgment Parties: Gary Abrams (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: S Duggan, SC (Applicant) J Reid (Respondent)