Komplete Constructions Pty Ltd v Ashfield Council

Land and Environment Court New South Wales Medium Neutral Citation: Komplete Constructions Pty Ltd v Ashfield Council [2015] NSWLEC 1390 Hearing dates:14 July 2015Date of orders: 15 July 2015 Decision date: 15 July 2015 Jurisdiction:Class 1Before: Tuor C Decision: 1. The appeal is upheld;2. The development application (DA10.2014.328.1) to construct a boarding house at 35 Gower Street, Summer Hill, is approved, subject to the conditions in Annexure A;3. The exhibits, except Exhibits 1, A, B, and C, are returned. Catchwords: DEVELOPMENT APPLICATION – boarding house. Impact on view. 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 65 - Design Quality of Residential Flat Development Ashfield Local Environmental Plan 2013 Cases Cited: Tenacity Consulting v Warringah Council [2004] NSWLEC 140. Category:Principal judgmentParties: Komplete Constructions Pty Ltd (Applicant) Ashfield Council (Respondent) Representation: Solicitors: Mr G McKee of McKees Legal Solutions (Applicant) Mr P Jackson of Pikes & Verekers Lawyers (Respondent) File Number(s):10050 of 2015Judgment This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of a development application (DA10.2014.328.1) by Ashfield Council (council) to construct a boarding house at 35 Gower Street, Summer Hill (site). The only contention is whether the proposal will result in unacceptable view loss to 16/28 Gower Street. Site and locality The site is located on the eastern side of Gower Street near its intersection with Liverpool Road. It...