SJB Interiors v Council of the City of Sydney

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: SJB Interiors v Council of the City of Sydney [2015] NSWLEC 1139 Hearing dates:19 - 20 February 2015Date of orders: 12 May 2015 Decision date: 12 May 2015 Jurisdiction:Class 1Before: Tuor C Decision: 1. The appeal is upheld.2. The development application (DA/2014/1101) for alterations and additions to convert an existing warehouse building into four attached dwellings, with Torrens title subdivision, at 198 Liverpool Street, Sydney, is approved subject to the conditions in Annexure A.3. The exhibits, except Exhibits 7, A and B, are returned. Catchwords: DEVELOPMENT APPLICATION: alterations and additions to convert an existing warehouse building into four Torrens title attached dwellings. Non-compliance with height standard. Impact on significance of heritage conservation area. Adequacy of open space. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 (LEC Act) Sydney Local Environmental Plan 2012 Cases Cited: Bates Smart Pty Ltd v Council of the City of Sydney [2014] NSWLEC 1001 Wehbe v Pittwater Council [2007] NSWLEC 827 Category:Principal judgmentParties: SJB Interiors (Applicant) Council of the City of Sydney (Respondent) Representation: Counsel: Mr M Fraser (Applicant) Solicitors: Mr M Winram of Maddocks Lawyers (Applicant) Mr A Hawkes of Council of City of Sydney (Respondent) File Number(s):10831 of 2014Judgment This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal by the Council of the City of Sydney (council) of a development application (DA/2014/1101) for alterations and...