Frangelli v City of Sydney

Land and Environment Court New South Wales Medium Neutral Citation: Frangelli v City of Sydney [2015] NSWLEC 1051 Hearing dates:12 March 2015Date of orders: 18 March 2015 Decision date: 18 March 2015 Jurisdiction:Class 1Before: Pearson C Decision: 1. The appeal is upheld.2. Development application D/2014/1113 for the change of use of an existing commercial unit to a residential apartment at 1/10 Earl Place Potts Point is approved subject to the conditions in Annexure A.3. The exhibits are returned except for exhibits A, D, 1 and 4. Catchwords: DEVELOPMENT APPLICATION – Conversion of commercial unit to residential unit – Passive surveillance – Internal amenity Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Sydney Local Environmental Plan 2012 Category:Principal judgmentParties: Tamara Barbara Frangelli (Applicant) City of Sydney (Respondent) Representation: Counsel: Mr M Fraser (Applicant) Ms F Berglund (Respondent) Solicitors: Mr S McDougall, Bray Jackson & Co (Applicant) Mr A Simpson, City of Sydney (Respondent) File Number(s):10897 of 2014Judgment This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 (the Act) against the refusal by the respondent Council of consent to development application D/2014/1113 for the change of use of an existing commercial unit to a residential apartment at 1/10 Earl Place Potts Point (the site). The site is located on the ground floor of a mixed use building, with another commercial tenancy on the ground floor, levels of residential units above, and car parking accessed from the rear of the building...