Nuova Surry Hills v Sydney City Council [2004] NSWLEC 292

Nuova Surry Hills v Sydney City Council [2004] NSWLEC 292

Overall level of amenity proposed by the development is unacceptable due to constrained floor-to-ceiling height and insufficient compensating measures in terms of indoor living space and balconies, warranting refusal of consent.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
08 June 2004
Procedural Posture
Development Application Appeal / Judgment After Hearing
Outcome
Appeal dismissed
Legal Topics
['development Application' 'non Compliance With Numerical Controls' 'residential Amenity' 'design Quality of Residential Flat Development']
['planning and Environment Law'] ['development Application' 'non Compliance With Numerical Controls' 'residential Amenity' 'design Quality of Residential Flat Development']

Source-derived case record

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Procedural Posture

Development Application Appeal / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the proposed development provides acceptable levels of amenity given non-compliance with numerical controls' 'Whether compensating amenities mitigate deficiencies in floor-to-ceiling heights and unit sizes' 'Appropriateness of unit mix and private open space in the proposed development']

Ratio Decidendi

Overall level of amenity proposed by the development is unacceptable due to constrained floor-to-ceiling height and insufficient compensating measures in terms of indoor living space and balconies, warranting refusal of consent.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed' 'Development Application lodged 3 August 2003 for the conversion of existing premises 212-218 Riley Street, Surry Hills and construction of a linked new residential apartment building 220-222 Riley Street, Surry Hills is determined by the refusal of development consent' 'The exhibits may be...