Simpson v Council of the City of Sydney

Land and Environment Court New South Wales Medium Neutral Citation: Simpson v Council of the City of Sydney [2016] NSWLEC 1106 Hearing dates:15 March 2016Date of orders: 30 March 2016 Decision date: 30 March 2016 Jurisdiction:Class 1Before: Smithson AC Decision: 1. The Appeal is dismissed.2. Development Application D/204/1516 for a new dormer window at 67 Victoria Street, Potts Point is refused.3. The exhibits are returned with the exception of Exhibits 1, 2 and C. Catchwords: DEVELOPMENT APPLICATION: replacement of dormer window, heritage item, conservation area, contributory building, amenity of attic Legislation Cited: Environmental Planning and Assessment Act 1979 City of Sydney Local Environmental Plan 2012 Category:Principal judgmentParties: Roger Simpson (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: Ms J Reid (Respondent)   Solicitors: Mr Perkins, Project Lawyers (Applicant) Mr Canning, Council of the City of Sydney (Respondent) File Number(s):10601 of 2015Publication restriction:NoJudgment ACTING COMMISSIONER: This is an appeal under s 97 (1) of the Environmental Planning and Assessment Act against refusal by the City of Sydney Council (the Council) of Development Application D/2014/1516 for alterations and additions to an existing terrace situated at 67 Victoria Street, Potts Point (the site). The proposal initially involved alterations at the rear roof of the terrace, namely demolition of an existing rear dormer window at the fourth (top) level of the terrace and its replacement with a rear roof terrace and new skylight. The applicant proposed the works to increase solar access and ventilation to an office situated in an attic on the...