193 Liverpool Road Ashfield Pty Ltd v Ashfield Council

Land and Environment Court New South Wales Medium Neutral Citation: 193 Liverpool Road Ashfield Pty Ltd v Ashfield Council [2015] NSWLEC 1399 Hearing dates:12-13 August 2015Date of orders: 29 September 2015 Decision date: 29 September 2015 Jurisdiction:Class 1Before: Tuor C Decision: 1. The appeal is dismissed.2. The development application (10.2014.261.1) for the construction of a boarding house at 193-195 Liverpool Road, Ashfield is refused.3. The exhibits, except Exhibit 1, are returned. Catchwords: DEVELOPMENT APPLICATION: Boarding house. Maximum permissible height of building. Adequacy of vehicular access, parking and waste collection. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy No 1 – Development Standards Ashfield Local Environmental Plan 2013 Cases Cited: Abret Pty Ltd v Wingecarribee Shire Council [2011] NSWCA 107 Chamwell Pty Ltd v Strathfield Council [2007] NSWLEC 114 Hrsto v Canterbury City Council (No. 2) [2014] NSWLEC121 Hawkesbury City Council v Sammut [2002] NSWCA 18 Category:Principal judgmentParties: 193 Liverpool Road Ashfield Pty Ltd (Applicant) Ashfield Council (Respondent) Representation: Counsel: Mr A Galasso SC (Applicant) Solicitors: Mr M Driscoll of BCP Lawyers (Applicant) Mr P Jackson of Pikes & Verekers Lawyers (Respondent) File Number(s):10991 of 2014Judgment 193 Liverpool Road Ashfield Pty Ltd (applicant) has appealed, pursuant to s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act), against the refusal by Ashfield Council (council) of a development application (10.2014.261.1) for the construction of a boarding house at 193-195 Liverpool Road, Ashfield...