Chen v Auburn City Council

Land and Environment Court New South Wales Medium Neutral Citation: Chen v Auburn City Council [2015] NSWLEC 1379 Hearing dates:26 August 2015Date of orders: 18 September 2015 Decision date: 18 September 2015 Jurisdiction:Class 1Before: Pearson C Decision: 1.   The appeal is dismissed.2.   The application to modify Development Consent No 174/2014 granted by the Council on 26 September 2014 for a secondary dwelling at 2 Eric Crescent Lidcombe is refused.3.   The exhibits are returned except for exhibits 1, 3, A and B. Catchwords: DEVELOPMENT MODIFICATION – Secondary dwelling – Provision of on-site parking – Whether total floor area for secondary dwelling exceeded Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 Standard Instrument (Local Environmental Plans) Order 2006 Standard Instrument (Local Environmental Plans) Amendment Order 2007 Auburn Local Environmental Plan 2010 Cases Cited: Bardsley-Smith v Penrith City Council [2012] NSWLEC 79 Chamwell Pty Ltd v Strathfield Council[2007] NSWLEC 114 Lizzio v Ryde Municipal Council (1983) 155 CLR 211 Category:Principal judgmentParties: Bin Chen (Applicant) Auburn City Council (Respondent) Representation: Solicitors: Mr J Burrell, Burrell Solicitors Mr A Gough, Storey & Gough Lawyers (Respondent) File Number(s):10485 of 2015Judgment This is an appeal under s 97AA of the Environmental Planning and Assessment Act 1979 (the Act) against the refusal by the respondent Council of an application made under s 96(1A) of the Act to modify development consent No 174/2014 granted by the Council on 26 September 2014 for a secondary dwelling...