Griffiths v Council of the City of Sydney

This decision has been amended. Please see the end of the decision for a list of the amendments. Land and Environment Court New South Wales Case Title: Griffiths v Council of the City of Sydney Medium Neutral Citation: [2014] NSWLEC 1170 Hearing Date(s): 19-20 August, 2014 Decision Date: 26 August 2014 Jurisdiction: Class 1 Before: O'Neill C Decision: Directions for amended plans, refer to paragraph 90; directions for the provision of evidence of diversion or extinguishment of the existing easement burdening the site, refer to paragraph 92 Catchwords: DEVELOPMENT APPLICATION: mixed use development in a heritage conservation area; whether facade of the existing building should be retained; height and impact on neighbours' amenity. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Conveyancing Act 1919 Cases Cited: Blackmore Design Group Pty Ltd v North Sydney Council 118 LGERA 290 Maygood Australia Pty Ltd v Willoughby City Council [2013] NSWLEC 142 Mison v Randwick Municipal Council (1991) 23 NSWLR 734 Category: Principal judgment Parties: Mr Randolph Griffiths (Applicant) Council of the City of Sydney (Respondent) Representation - Counsel: Mr A. Perkins Solicitor (Applicant) Ms A. Pearman Barrister (Respondent) - Solicitors: Colin Biggers & Paisley (Applicant) Council of the City of Sydney (Respondent) File Number(s): 10086 of 2014 JUDGMENTCOMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 against the refusal of Development Application No. D/2012/1856 for a mixed use development (the proposal) at 106-108 Redfern Street,...