Architects Becerra v Council of the City of Sydney

Land and Environment Court New South Wales Medium Neutral Citation: Architects Becerra v Council of the City of Sydney [2014] NSWLEC 1250 Hearing dates:27 November 2014Decision date: 27 November 2014 Jurisdiction:Class 1Before: Fakes C Decision: Appeal upheldConsent granted to Development Application No. D/2013/1461for the construction of a residential flat building and associated works at 1 Sparkes Lane, Camperdown in accordance with conditions of consent. Catchwords: DEVELOPMENT APPLICATION: Residential flat building; height control, overshadowing, building separation, privacy. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development Sydney Local Environmental Plan 2012 Cases Cited: Blackmore Design Group Pty Ltd v Manly Council [2014] NSWLEC 1180 Category:Principal judgmentParties: Architects Beccara (Applicant) Council of the City of Sydney (Respondent) Representation: Applicant: Mr M Staunton (Barrister) Respondent: Mr A Singh (Solicitor) Applicant: Sattler & Associates Pty Limited Respondent: Council of the City of Sydney File Number(s):10563 of 2014 JudgmentCOMMISSIONER: The applicant appeals the Council of the City of Sydney's refusal of Development Application D/2013/1461 for the construction of a 6 storey residential flat building consisting of 11 apartments, 2 car parking spaces, 3 bicycle parking spaces and a landscaped pedestrian through link at 1 Sparkes Lane, Camperdown.Following a conciliation conference held in accordance with s 34 of the Land and Environment Court Act 1979 (the Court Act) on 9 October 2014, the applicant filed a Notice of Motion seeking leave to rely on amended plans. The amendments...