Bellevue Street Holdings Pty Limited v Council of the City of Sydney

Land and Environment Court New South Wales Case Name:  Bellevue Street Holdings Pty Limited v Council of the City of Sydney Medium Neutral Citation:  [2016] NSWLEC 1125 Hearing Date(s):  11 December 2015 Date of Orders: 7 April 2016 Decision Date:  7 April 2016 Jurisdiction:  Class 1 Before:  Tuor C Decision:  (1)   The appeal is dismissed. (2)   The development application (D/2014/510) for consolidation of two adjoining allotments, alterations and additions to the two existing terraces and construction of a garage and third dwelling at 13 and 15 Bellevue Street, Surry Hills, is refused. (3)   The exhibits, except Exhibit 1, are returned. Catchwords:  DEVELOPMENT APPLICATION: alterations and additions to existing terrace houses including the construction of an additional dwelling. Breach of height standard, amenity impacts. Legislation Cited:  Environmental Planning and Assessment Act 1979 Sydney Local Environmental Plan 2012 South Sydney Local Environmental Plan 1998 Cases Cited:  Bates Smart Pty Ltd v Council of the City of Sydney [2014] NSWLEC 1001 Category:  Principal judgment Parties:  Bellevue Street Holdings Pty Limited (Applicant)   Council of the City of Sydney (Respondent) Representation:  Counsel: Ms J Reid (Applicant)   Ms F Berglund (Respondent)   Solicitors: Pikes and Verekers (Applicant)   Sydney City Council (Respondent) File Number(s):  10515 of 2015 JUDGMENTThis is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of a development application (D/2014/510) by the Council of the City of Sydney (council) to consolidate two adjoining allotments, alterations and additions to the two existing terraces and construct a garage...