Samadi v Council of the City of Sydney

Land and Environment Court New South Wales Medium Neutral Citation: Samadi v Council of the City of Sydney [2014] NSWLEC 1199 Hearing dates:23 September 2014Decision date: 26 September 2014 Jurisdiction:Class 1Before: Brown C Decision: 1. The appeal is dismissed.2. D/2014/598 for the construction of an additional residential dwelling to be located on the roof area of a previously approved mixed use development at 533-535 Elizabeth Street, Surry Hills is refused.3. The exhibits are returned with the exception of exhibits 1, A and B. Catchwords: DEVELOPMENT APPLICATION: construction of an additional residential dwelling to be located on the roof area of a previously approved mixed use development - whether height and floor space ratio development standards should be varied - loss of common open space Legislation Cited: Environmental Planning and Assessment Act 1979 Sydney Local Environmental Plan 2012 Cases Cited: Hooker Corporation Pty Limited v Hornsby Shire Council (unreported, 2 June 1986) Cripps J Schaffer Corporation v Hawkesbury City Council (1992) 77 LGRA 21 Wehbe v Pittwater Council [2007] 156 LGERA 446 Category:Principal judgmentParties: Ash Samadi (Applicant) Council of the City of Sydney (Respondent) Representation: Mr M Staunton, barrister (Applicant) Ms A Pearman, barrister (Respondent) Gadens (Applicant) Council of the City of Sydney (Respondent) File Number(s):10434 of 2014 JudgmentCOMMISSIONER: This is an appeal against the deemed refusal by the Council of the City of Sydney of Development Application D/2014/598 for the construction of an additional residential dwelling to be located on the roof area of a previously approved mixed use development...