Samadi Developments Pty Limited v City of Sydney Council

Land and Environment Court New South Wales Medium Neutral Citation: Samadi Developments Pty Limited v City of Sydney Council [2014] NSWLEC 1138 Hearing dates:7 July 2014Decision date: 11 July 2014 Jurisdiction:Class 1Before: Hussey C Decision: (1)The appeal is upheld.(2)Development consent to DA/2014/458 for the provision of two additional three-bedroom residential units forming a new top storey atop the mixed use building approved at 517-527 Elizabeth Street Surry Hills is granted, subject to the conditions in Annexure A.(3)The exhibits may be returned except for 1, 4, 5, B, C and E. Catchwords: Development application: exceedance of height standard, visual impact in heritage conservation area, precedence. Legislation Cited: Sydney Development Control Plan 2012 Sydney Local Environmental Plan 2012 South Sydney Local Environmental Plan 1998 Draft Sydney Local Environmental Plan 2011 Category:Principal judgmentParties: Samadi Developments Pty Limited (Applicant) City of Sydney Council (Respondent) Representation: Mr M Staunton with Mr G Hartley (Applicant) Ms A Pearman with Ms K Morrin (Respondent) Gadens Lawyers (Applicant) City of Sydney Council (Respondent) File Number(s):10319 of 2014 JudgmentBackgroundThis appeal was lodged against council's deemed refusal of a development application for two x three-bedroom units, forming a new top floor to a recently approved seven-storey mixed-use building located at 517-527 Elizabeth Street, Surry Hills.The initial consent granted in 2012 was for the seven-storey building containing basement parking, four retail tenancies, thirty-three x onebedroom units, eight x two-bedroom units and one x threebedroom unit. There was a subsequent change in use approval to allow some of the units to be...