Cranswick-Smith v Council of the City of Sydney [2020] NSWLEC 1082

Land and Environment Court New South Wales

Medium Neutral Citation: Cranswick-Smith v Council of the City of Sydney [2020] NSWLEC 1082 Hearing dates: 5-6 February 2020 Date of orders: 26 February 2020 Decision date: 26 February 2020 Jurisdiction: Class 1 Before: O'Neill C Decision: The Court orders that: (1) The appeal is dismissed. (2) Development Application No. D/2018/335 for alterations and additions to an existing mixed-use building to include a trafficable roof terrace and roof garden on the rooftop of the fifth floor of the building to be used as additional private open space for 400/65 Cowper Wharf Roadway, Woolloomooloo, is refused. (3) The exhibits, other than exhibits 1, A and D, are returned. Catchwords: DEVELOPMENT APPLICATION — rooftop garden and roof terrace on the existing roof of a mixed-use building for the use of the penthouse apartment – exceedance of the height of buildings development standard Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Sydney Local Environmental Plan 2012 Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Gillespies v Warringah Council (2002) 124 LGERA 147; [2002] NSWLEC 224 Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Schaffer Corporation Ltd v Hawkesbury City Council (1992) 77 LGRA 21 Stockland Development Pty Ltd v Manly Council (2004) 136 LGERA 254; [2004] NSWLEC 472 Super Studio v Waverley (2004) 133 LGERA 363; [2004] NSWLEC 91 Tenacity Consulting Pty Ltd v Warringah Council (2004) 134 LGERA 23; [2004] NSWLEC 140 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Sydney Development Control Plan 2012 Category: Principal judgment Parties: Graham Cranswick-Smith (Applicant) City of Sydney Council (Respondent) Representation: Counsel: P McEwen SC (Applicant) A Pickles SC (Respondent)