Rowell v City of Sydney Council

Land and Environment Court New South Wales Medium Neutral Citation: Rowell v City of Sydney Council [2016] NSWLEC 1051 Hearing dates:28 January 2016Date of orders: 16 February 2016 Decision date: 16 February 2016 Jurisdiction:Class 1Before: Pearson C Decision: 1. The appeal is upheld.2. Development Application D/2015/1378 for alterations and additions to an existing dwelling and shop at 75-77 Lower Fort Street Dawes Point is approved subject to the conditions in Annexure A.3. The exhibits are returned except for exhibits 1, A and C. Catchwords: DEVELOPMENT APPLICATION: Alterations and additions to shop top dwelling – Heritage item – Heritage Conservation Area – Security grille Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Heritage Act 1977 Sydney Local Environmental Plan 2012 Cases Cited: Rowell v Council of the City of Sydney [2015] NSWLEC 1246 Category:Principal judgmentParties: Sandra Rowell (Applicant) City of Sydney Council (Respondent) Representation: Ms S Rowell (Applicant in person) Mr A Simpson, City of Sydney File Number(s):11091 of 2015Publication restriction:NoJudgment This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 (the Act) in relation to a Development Application D/2015/1378 for alterations and additions to an existing dwelling and shop at 75-77 Lower Fort Street Dawes Point (the site). The development application was lodged with the respondent Council on 24 September 2015, and the Class 1 appeal was lodged against a deemed refusal on 30 November 2015. On 12 January 2016 the Council granted development consent subject to conditions. The...