Lam v Ashfield Council

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Lam v Ashfield Council [2015] NSWLEC 1195 Hearing dates:29-30 April 2015Date of orders: 30 May 2015 Decision date: 13 May 2015 Jurisdiction:Class 1Before: Fakes C Decision: Appeal upheld see [78] Catchwords: DEVELOPMENT APPLICATION: Boarding house; character; bulk and design; amenity of neighbouring properties; amendments made Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy No. 1 – Development Standards Ashfield Local Environmental Plan 2013 Cases Cited: Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Category:Principal judgmentParties: Benjamin Lam (Applicant) Ashfield Council (Respondent) Representation: Counsel: Applicant: Mr P Clay SC (Barrister) Respondent: Ms J Reid (Barrister) Solicitors: Applicant: McKees Legal Solutions Respondent: Wiltshire Webb Staunton Beattie File Number(s):10029 of 2015Judgment COMMISSIONER: The applicant appeals Ashfield Council’s refusal of Development Application No. DA10.2014.224.1 for the demolition of existing structures and the construction of a part two/ part three storey boarding house at 14 Elizabeth Street, Ashfield (the site). The appeal is made pursuant to s 97(1)(b) of the Environmental Planning and Assessment Act 1979 (the Act). The site and its locality The site is on the south-western side of Elizabeth Street between Elizabeth Street and the railway line. On the site is a single storey brick and tile dwelling with a carport. Vehicular access is provided by a driveway on the western side of the site. The adjoining property to the east, at 12 Elizabeth Street, is a...