Maygood v City of Sydney Council

Land and Environment Court (NSW)|2008-04-10|Before: Mr P, Talbot J

The applicant is to file and serve the amended plans by close of business on 19 March 2008.

The respondent is to file and serve draft conditions of consent, in electronic form by close of business on 26 March 2008.

Leave is granted for either party to restore the matter on 24 hours notice if there is disagreement on compliance with these Directions.

      G T Brown
      Commissioner of the Court

DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.

CITATION : Maygood v City of Sydney Council [2008] NSWLEC 1112

PDP (Darlinghurst Apartments) Pty Limited v City of Sydney Council [2005] NSWLEC 41 CASES CITED: Maygood Australia Pty Limited v City of Sydney Council [2006] NSWLEC 423 Maygood Australia Pty Limited v City of Sydney Council [2007] NSWLEC 157

6 In Maygood Australia Pty Limited v City of Sydney Council [2006] NSWLEC 423, (Maygood 2006) Roseth SC and Brown C dismissed an appeal on 14 July 2006. The proposal provided for the retention of the existing building for retail and commercial uses. Seven levels of residential accommodation were provided above the existing building for 48 residential units. The proposal has an FSR of 5.6: 1 and a height of 34.4 m.

7 In Maygood Australia Pty Limited v City of Sydney Council [2007] NSWLEC 157 (Maygood 2007) Watts C dismissed an appeal on 14 July 2006. The proposal provided for the retention of the existing building for retail and commercial uses. Six levels of residential accommodation were provided above the existing building for 48 residential units. The proposal has an FSR of 5.12: 1 and a height of 33.9 m. The proposal 8 The proposal provides for the retention of the existing building for retail and commercial uses over three levels (Ground, Level 1 and 2). Two basement levels (B1 and B2) are to be excavated below the existing building to provide 56 car parking spaces. Seven levels of residential accommodation (Levels 3 to 9) are to be constructed above the existing building for 35 residential units. The proposal has an FSR of 4.79: 1 and a height of 33.9 m. Relevant planning controls 9 The site is within Zone 10 Mixed Uses South Sydney Local Environmental Plan 1998 (LEP 1998). The proposed use is permissible if consistent with the zone objectives. The site also falls within Conservation Area CA4 - Barcom Avenue Conservation Area. Clause 10 provides that consent must not be granted unless the proposal is consistent with the objectives of the zone. Clause 22 provides that consent must not be granted unless the proposal is consistent with the heritage aims of that clause. Clauses 23A, 23B and 24 provide further heritage requirements.

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