Anderson v City of Sydney Council No. 2

Land and Environment Court New South Wales Medium Neutral Citation: Anderson v City of Sydney Council No. 2 [2015] NSWLEC 1144 Hearing dates:7 May, 2015Decision date: 13 May 2015 Jurisdiction:Class 1Before: O’Neill C Decision: 1. The appeal is dismissed.2. Development Application No. D/2014/1585 for alterations and additions to an existing building, being the construction of a roof terrace, at 15 Billyard Avenue, Elizabeth Bay is refused.3. The exhibits, other than exhibit 1, 5 and A, are returned. Catchwords: DEVELOPMENT APPLICATION: private roof terrace on existing residential flat building; impact of the proposal on the heritage significance of the contributory building to the heritage conservation area; whether the proposal exceeds the floor space ratio development standard; whether State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development applies to the proposal; proposed consent orders. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Anderson v City of Sydney Council [2015] NSWLEC 1135 Category:Principal judgmentParties: Dirk Anderson (Applicant) Council of the City of Sydney (Respondent Representation: Counsel: Ms S. Duggan SC (Applicant) Ms F. Berglund Barrister (Respondent) Solicitors: Gadens Lawyers (Applicant) Council of the City of Sydney (Respondent) File Number(s):10997 of 2014Judgment COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 against the deemed refusal of Development Application No. D/2014/1585 for a roof level terrace on an existing residential flat building at 15 Billyard Ave, Elizabeth Bay (the site) by the...