Urban Link Pty Ltd v Inner West Council [2020] NSWLEC 1312

Land and Environment Court New South Wales

Medium Neutral Citation: Urban Link Pty Ltd v Inner West Council [2020] NSWLEC 1312 Hearing dates: 18-19 June 2020 Date of orders: 22 July 2020 Decision date: 22 July 2020 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The appeal is dismissed. (2) The development application 010.2018.00000203.01 for demolition of existing structures and construction of a one and two storey boarding house with basement parking and associated works at 32 Albert Parade Ashfield is refused. (3) The exhibits are returned with the exception of Exhibits 1, A, B, C and D. Catchwords: DEVELOPMENT APPLICATION – boarding house – access – narrow entrance – amenity impacts –heritage conservation Legislation Cited: Ashfield Local Environmental Plan 2013 Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 Texts Cited: Australian/New Zealand Standard 2890.1:2004 Parking facilities – Part 1: Off-street car parking Australian Standard 2890.2:2018 - Parking facilities, Part 2: Off-street commercial vehicle facilities Building Code of Australia Comprehensive Inner West Development Control Plan 2016 Land and Environment Court, 'COVID-19 Pandemic Arrangements Policy' (23 March 2020) Category: Principal judgment Parties: Urban Link Pty Ltd (Applicant) Inner West Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) J Johnson (Respondent)