Komplete Construction Pty Limited v Council of the City of Sydney

Land and Environment Court New South Wales Medium Neutral Citation: Komplete Construction Pty Limited v Council of the City of Sydney [2016] NSWLEC 1138 Hearing dates:8 December 2015Date of orders: 14 April 2016 Decision date: 14 April 2016 Jurisdiction:Class 1Before: Tuor C Decision: (1) The appeal is dismissed.(2) The development application (D/2014/1752) to add one storey with two residential apartments to an approved, but not yet constructed, seven storey mixed use building, at 352 Bourke Street, Surry Hills, is refused.(3) The exhibits, except Exhibit 1, are returned. Catchwords: DEVELOPMENT APPLICATION: additional storey to approved mixed use building, breach of height and floor space ratio standard, design excellence, view impact, residential amenity, public interest Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No 65 – Design Quality of Residential Flat Buildings Sydney Local Environmental Plan 2012 Cases Cited: Bates Smart Pty Ltd v Council of the City of Sydney [2014] NSWLEC 1001 Category:Principal judgmentParties: Komplete Construction Pty Limited (Applicant)   Council of the City of Sydney (Respondent) Representation: Counsel: Mr I Hemmings SC (Respondent)   Solicitors: Mr S Kondilios, Hall & Wilcox Lawyers (Applicant)   Council of the City of Sydney (Respondent) File Number(s):10506 of 2015JUDGMENT This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the deemed refusal by the Council of the City of Sydney (council) of a development application (D/2014/1752) to add one storey to an approved, but not yet constructed, seven storey mixed use building, approved under DA...