Roesch v Council of the City of Sydney [2019] NSWLEC 1618

Land and Environment Court New South Wales

Medium Neutral Citation: Roesch v Council of the City of Sydney [2019] NSWLEC 1618 Hearing dates: 9 December 2019 Date of orders: 13 December 2019 Decision date: 13 December 2019 Jurisdiction: Class 1 Before: O'Neill C Decision: (1) The appeal is upheld. (2) Conditions 8(a)(i) and 8(b) of Development Consent No. D/2019/148 are amended to permit a setback of a minimum of 120mm from side walls as measured from the inner face of the party or side walls and a minimum 3 degree pitch for the roof of the rear roof extension, subject to the conditions of consent at Annexure A. (3) The exhibits, other than Exhibit 1, are returned. Catchwords: CONDITIONS OF CONSENT – appeal against the terms of two conditions of consent of the development consent granted by the respondent – form of the rear roof extension to an existing single storey terrace house Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Sydney Local Environmental Plan 2012 Texts Cited: Sydney Development Control Plan 2012 Category: Principal judgment Parties: Adrian Roesch (First Applicant) Sandra Raskovska (Second Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: A Roesch (Litigant in person) (First Applicant) S Raskovska (Litigant in person) (Second Applicant) P Canning (Solicitor) (Respondent)

Solicitors: Council of the City of Sydney (Respondent) File Number(s): 2019/307436 Publication restriction: No