Abrams v Council of the City of Sydney [2019] NSWLEC 1583

Land and Environment Court New South Wales

Medium Neutral Citation: Abrams v Council of the City of Sydney [2019] NSWLEC 1583 Hearing dates: 13 November 2019 Date of orders: 29 November 2019 Decision date: 29 November 2019 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted for the demolition of the existing building and the construction of a four-storey mixed use development containing 11 residential apartments, 1 ground floor commercial tenancy and associated bicycle parking and waste storage at 9 Power Avenue, Alexandria, subject to the conditions in Annexure A. (3) Exhibits 1, 2, 4 and 5 are returned. Catchwords: APPEAL – development application – mixed use development – breach of FSR and height development standards – adequacy of cl 4.6 requests – public interest in maintaining the FSR development standard Legislation Cited: Environmental Planning and Assessment Act 1979 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 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Cases Cited: Abrams v The Council of the City of Sydney [2017] NSWLEC 1371 Abrams v The Council of the City of Sydney [2018] NSWLEC 1648 Abrams v The Council of the City of Sydney [2019] NSWLEC 1481 Abrams v The Council of the City of Sydney (No 2) [2018] NSWLEC 85 Abrams v The Council of the City of Sydney (No 5) [2019] NSWLEC 1368 Gary Abrams v The Council of the City of Sydney (No 4) [2019] NSWLEC 71 Goldin & Anor v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 (2002) 121 LGERA 101; [2002] NSWLEC 75 Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Segal & Anor v Waverley Council (2005) 64 NSWLR 177; [2005] NSWCA 310 Texts Cited: City of Sydney Development Contributions Plan 2015 Sydney Development Control Plan 2012 Category: Principal judgment Parties: Gary Abrams (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: I Hemmings SC (Applicant) J Reid (Respondent)