Abdul-Rahman v Strathfield Council

Land and Environment Court New South Wales Medium Neutral Citation: Abdul-Rahman v Strathfield Council [2014] NSWLEC 1237 Hearing dates:1 September 2014Decision date: 10 October 2014 Jurisdiction:Class 1Before: Fakes C Decision: Appeal upheld subject to conditions see paragraph [59] Catchwords: DEVELOPMENT APPLICATION: additional storey; visual impact; affordable rental housing Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy No. 65 (Design Quality of Residential Flat Development) Strathfield Local Environmental Plan 2012 Cases Cited: Northcote Trust v Hornsby Shire Council [2012] NSWLEC 1327 Project venture Developments v Pittwater Council [2005] NSWLEC 191 Category:Principal judgmentParties: Omar Abdul-Rahman (Applicant) Strathfield Council (Respondent) Representation: Applicant: Mr P Clay SC (Barrister) Respondent: Mr A Seton (Solicitor) Applicant: Conomos Legal Respondent: Marsdens Law Group File Number(s):10377 of 2014 JudgmentCOMMISSIONER: In December 2013 Strathfield Council granted consent to Development Application DA2013/179 for the demolition of existing structures and construction of a four storey residential flat building with a flat roof form, comprising 11 units and two levels of basement car parking at 21 Beresford Road, Strathfield (the site). Consent was granted under the 'infill affordable housing' provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009 (SEPP ARH). Work has not commenced under this approval.In February 2014, the applicant lodged Development Application DA2014/017 for the construction of an additional/ fifth storey on the approved four storey residential flat building. The additional storey proposes a flat roof and comprises two additional units - 1 x 1 bedroom unit...