Ong v Canterbury City Council

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Ong v Canterbury City Council [2015] NSWLEC 1197 Hearing dates:18-19 February 2015; 22 May 2015Date of orders: 22 May 2015 Decision date: 22 May 2015 Jurisdiction:Class 1Before: Fakes C Decision: By consent, appeal upheld – see [44] Catchwords: DEVELOPMENT APPLICATION: Consent orders; Boarding house; parking, landscaping, access, adequacy of plans Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 Canterbury Local Environmental Plan 2012 Cases Cited: Newbury District Council v Secretary of State for the Environment [1981] AC578 Category:Principal judgmentParties: Khahn Son Ong (Applicant) Canterbury City Council (Respondent) Representation: Counsel: Applicant: Ms Saw (Barrister) Respondent: Mr P Jackson (Solicitor) Solicitors: Respondent: Pikes & Verekers Lawyers File Number(s):10716 of 2014Judgment COMMISSIONER: The applicant appeals Canterbury Council’s refusal of Development Application No. 213/2014 for alterations and additions to premises at 62 Clissold Parade, Campsie and for use of those premises as a 15 room boarding house. The appeal is made under s 97 of the Environmental Planning and Assessment Act 1979 (the Act). Relevant background to the appeal and the hearing Council’s Statement of Facts and Contentions (Exhibit 1) outlines the history of development applications and actions of the parties since 2004. In May 2014, DA No. 213/2014 was lodged with the council seeking to regularise the unauthorised use of the premises as a 19 room boarding house. The plans were notified to adjoining and nearby properties and many submissions received. In October...