Aslan v Council of the City of Sydney [2026] NSWLEC 1422
Before: Horton C · NSW Land and Environment Court
Summary
This appeal relates to Development Application No D/2025/987 which, as amended, seeks consent for part demolition of the existing structures to permit alterations and additions to an attached terrace dwelling and construction of a new garage with studio above to Withers Lane at Lot 3 in DP 252228, otherwise known as 16 Arthur Street, Surry Hills. The applicant in these proceedings, Dr Peter Aslan, lodged the development application on 5 November 2025, and it was publicly notified between 12 Nove
Catchwords
DEVELOPMENT APPLICATION – dwelling house development in R1 General Residential zone – item of heritage significance – conciliation conference – agreement between parties – orders
Outcome
The Court orders: (1) The appeal is upheld (2) Development consent is granted to Development Application No D/2025/987 for alterations and additions to the existing attached terrace dwelling and construction of a garage and studio at Lot 3 in DP 252228, and known as 16 Arthur Street, Surry Hills, subject to the conditions in Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.16, 8.7 Land and Environment Court Act 1979 (NSW), s34 Environmental Planning and Assessment Regulation 2024 (NSW), s 38 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, Sch 2 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 Sydney Local Environmental Plan 2012, cll 4.3, 4.4, 5.10, 6.21C, 7.4, 7.14
Read the full judgment
Authoritative text on NSW Caselaw · ~13k words
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