Solotel Pty Ltd v City of Sydney Council [2007] NSWLEC 230

Solotel Pty Ltd v City of Sydney Council [2007] NSWLEC 230

The proposed alterations are consistent with objectives of the Mixed Use Zone, do not unreasonably impact heritage significance, and are acceptable with conditions to mitigate noise, prevent television screens in the Courtyard, and require equitable access improvements.

Jurisdiction
Australia
Judgment Date
27 April 2007
Procedural Posture
Appeal / Judgment
Outcome
Appeal upheld. Development consent granted subject to conditions.
Legal Topics
['development Application' 'heritage' 'residential Amenity' 'equitable Access' 'noise Impacts' 'cigarette Smoke' 'urban Design']

Case Brief

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Procedural Posture

Appeal / Judgment

  1. 1 ['Compliance with heritage requirements of planning controls' 'Amenity impacts on neighbouring residential properties, especially noise' 'Provision of equitable access and accessible facilities to the proposed Courtyard']

Ratio Decidendi

The proposed alterations are consistent with objectives of the Mixed Use Zone, do not unreasonably impact heritage significance, and are acceptable with conditions to mitigate noise, prevent television screens in the Courtyard, and require equitable access improvements.

Court Disposition

Appeal upheld. Development consent granted subject to conditions.

Orders

  • ['The appeal is upheld' 'Development application D/2006/01009 for alterations to the existing "Clock Hotel" at 470 - 474 Crown Street, Surrey Hills is determined by the granting of development consent subject to the conditions in Annexure A' 'Exhibit B is retained']