Mateer v The Council of the City of Sydney

Land and Environment Court New South Wales Medium Neutral Citation: Mateer v The Council of the City of Sydney [2015] NSWLEC 1073 Hearing dates:4-5 February and 11 March, 2015Date of orders: 24 March 2015 Decision date: 24 March 2015 Jurisdiction:Class 1Before: O’Neill C Decision: 1. The appeal is upheld.2. Modification Application No. D/2013/685/A to modify the development consent for a residential flat building at 74 Mitchell Road, Alexandria is approved, subject to the conditions of consent at Annexure ‘A’.3. The exhibits, other than exhibits 1 and A, are returned. Catchwords: MODIFICATION APPLICATION: approved residential flat building; exceedance of the floor space ratio development standard; precedent; whether the proposal has an appropriate presentation to the street. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category:Principal judgmentParties: Rianon Mateer (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: Dr S. Berveling (Applicant) Mr A. Pickles (Respondent) Solicitors: Conomos Legal (Applicant) Council of the City of Sydney (Respondent) File Number(s):10773 of 2014Judgment COMMISSIONER: This is an appeal pursuant to the provisions of s 97AA of the Environmental Planning and Assessment Act 1979 against the refusal of Modification Application No. D/2013/685/A, to modify Development Consent D/2013/685 for a residential flat building (the consent) by adding additional rooms with dormers within the approved form of the roof and other modifications (the proposal), at 74 Mitchell Street, Alexandria (the site), by the Council of the City of Sydney (the Council). Issues The Council’s contentions in the matter can be...