Anyone that buys an apartment in the LGA has to be very extremely careful.

What amenity the property enjoys could well be short term and there’s been a conga line of misery in this Chamber.

What is happening on to the building on the corner of Dawson Street and Elizabeth Street Surry Hills is diabolical but it’s not the worst we’ve seen.

My question on these developments that involve entombing and the squashing of amenity (views, air flow, sunlight) is whether the buyer could have reasonably known this would happen when they bought.

Dawson Street in Surry Hills is basically two story terraces and the subject property at 4-10 Dawson Street is a warehouse/workshop of the height of a two story terrace and in keeping with the character of the street. Prior to 2012, any raising of this height wasn’t possible. So buyers would have bought believing their amenity is preserved.

Their problem is that this changed under the new LEP. Had residents made submissions at the time, it may well have been a different story. Certainly, the body corporate executive committee of the day should have known what was being proposed, altered owners and made submissions.

But this didn’t happen, so the owners are getting a shocking outcome. They are being entombed. Their beautiful common garden area will be in darkness and all the plants will die including a very interesting mature tree that has fought its way up and over to the development property. It will have to be chopped down.

It’s a bad outome for the residents and I’m inclinded to say they might get a better outcome and the Land and Environment Court. I think it’s worth the risk, that’s why I’m not supporting it.