M And P Hooshmand v. Sydney City Council [1998] NSWLEC 77

M And P Hooshmand v. Sydney City Council [1998] NSWLEC 77

The Court found that the heritage significance of the existing building was not sufficient to preclude its demolition; the proposed development does not breach permissible planning controls for height and bulk, and provides satisfactory residential amenity. Conditions can satisfactorily address contamination concerns. The appeals are upheld and permission is granted for the applications with conditions.

Jurisdiction
Australia
Judgment Date
20 August 1998
Procedural Posture
Appeal / Final Judgment
Outcome
Appeals upheld; applications approved subject to conditions.
Legal Topics
['development Application' 'building Demolition' 'heritage Significance' 'residential Amenity' 'site Contamination' 'urban Design']
['planning Law' 'environmental Law' 'local Government Law'] ['development Application' 'building Demolition' 'heritage Significance' 'residential Amenity' 'site Contamination' 'urban Design']

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['whether the residential amenity of the proposed development is adequate having regard to the size, layout and design of the apartments and location; whether the height, bulk, and scale of the proposed development is excessive; the heritage significance of the existing building having regard to the provisions of Draft SREP No 26 (Amendment No 8) as exhibited on 20 April 1998; whether the proposed development complies with the urban development for Ultimo/Pyrmont Precinct 1995 Update (UDP); whether the demolition of the existing building on the site is acceptable having regard to the inadequate assessment of the contamination on the site']

Ratio Decidendi

The Court found that the heritage significance of the existing building was not sufficient to preclude its demolition; the proposed development does not breach permissible planning controls for height and bulk, and provides satisfactory residential amenity. Conditions can satisfactorily address contamination concerns. The appeals are upheld and permission is granted for the applications with conditions.

Court Disposition

Appeals upheld; applications approved subject to conditions.

Orders

  • ['Appeal No 20057 of 1998 under s 176 Local Government Act 1993 be upheld.' 'Application for approval to demolish the existing service station at No 24 Pyrmont Bridge Road, Pyrmont, be approved.' 'Appeal No 10260 of 1998 under s 97 Environmental Planning and Assessment Act 1979 be upheld.' 'Development application...