Battaglia v Strathfield Council

Land and Environment Court New South Wales Medium Neutral Citation: Battaglia v Strathfield Council [2014] NSWLEC 1174 Hearing dates:26 August 2014Decision date: 27 August 2014 Jurisdiction:Class 1Before: Pearson C Decision: See paragraph [34] Catchwords: DEVELOPMENT APPLICATION - Boarding house - Compatibility with character of area - Compliance with development standards 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: Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Revelop Projects Pty Ltd v Parramatta City Council [2014] NSWLEC 1167 Category:Principal judgmentParties: Romina Battaglia (Applicant) Strathfield Council (Respondent) Representation: Mr P Clay SC (Applicant) Mr A Hudson, Wilshire Webb Staunton Beattie (Applicant) Mr A Seton, Marsdens Law Group (Respondent) File Number(s):10301 of 2014 JudgmentThis is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 (the Act) against the refusal by the respondent Council of consent to development application 2013/152 for the demolition of existing structures and construction of a two storey boarding house comprising nine studio apartments and one 1 bedroom unit above basement level car parking for three cars with associated landscaping and drainage works at 12 Hillcrest Avenue South Strathfield (the site).The site is on the eastern side of Hillcrest Avenue and there is currently erected a single storey dwelling with a detached garage. The surrounding development comprises detached single storey dwellings to the south, an Ausgrid electricity...