Blazic v Willoughby City Council

Land and Environment Court New South Wales Medium Neutral Citation: Blazic v Willoughby City Council [2016] NSWLEC 1282 Hearing dates:18 May 2016Date of orders: 08 July 2016 Decision date: 08 July 2016 Jurisdiction:Class 1Before: Smithson AC Decision: 1.   Leave is granted to the Applicant to rely upon amended plans as set out in condition 1 of Annexure “A”.2.   The appeal is upheld.3.   Development Application No. DA-2014/561(c) for the demolition of the existing dwelling and construction of a new two storey ten room Boarding House and attached garage at 4 Scott Crescent, Roseville NSW is approved subject to the conditions set out in Annexure “A”.4. The Exhibits, other than Exhibits 3 and A, are returned. Catchwords: DEVELOPMENT APPLICATION: consent orders; boarding house; resident objections Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) Willoughby Local Environmental Plan 2012 Category:Principal judgmentParties: Michael Joseph Blazic (Applicant) Willoughby City Council (Respondent) Representation: Mr Peter Rigg (Applicant) Mr Ken Webber (Respondent) Solicitors: Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s):160842 of 2016Publication restriction:NoJudgment ACTING COMMISSIONER: This appeal, pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 (the Act), comes before the Court for consent orders in relation to the refusal by Willoughby Council (the Council) of Development Application DA-2014/561(c) for the demolition of an existing single storey dwelling house and construction of a new two storey ten room boarding house and attached garage at 4 Scott Crescent,...