Parker Logan Property Pty Ltd v Council of the City of Sydney

Land and Environment Court New South Wales Medium Neutral Citation: Parker Logan Property Pty Ltd v Council of the City of Sydney [2016] NSWLEC 1333 Hearing dates:4 August 2016Date of orders: 12 August 2016 Decision date: 12 August 2016 Jurisdiction:Class 1Before: Tuor C Decision: (1)   The appeal is dismissed.(2) The application under s 96AA of the Environmental Planning and Assessment Act 1979 to modify the development consent (DA2015/544) for a residential flat building at 12 Marsden Street and 15 - 21 Brodrick Street, Camperdown, is refused.(3)   The exhibits, except Exhibits 1 and C are returned. Catchwords: DEVELOPMENT CONSENT: Modification of development consent for residential flat building. Substantially the same development. Non-compliance with floor space ratio standard. Internal amenity, cross ventilation, unit mix and building separation. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Standard Instrument (Local Environmental Plans) Order 2006 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Sydney Local Environmental Plan 2012 Cases Cited: Moto Projects No. 2 Pty Limited v North Sydney Council (1999) 106 LGERA 298 North Sydney Council v Michael Standley & Associates Pty Limited (1998) 97 LGERA 433 Category:Principal judgmentParties: Parker Logan Property Pty Ltd (Applicant)   Council of the City of Sydney (Respondent) Representation: Counsel: Mr A Pickles SC (Applicant)   Mr I Hemmings SC (Respondent)   Solicitors: Mr A Boskovitz, Associates (Applicant)   Ms J Mort, Council of the City of Sydney (Respondent) File Number(s):2016/160227Judgment Parker Logan Property Pty Ltd (applicant) is appealing under s 97(1)...