Environa Studio Pty Ltd v Fairfield City Council [2020] NSWLEC 1578

Land and Environment Court New South Wales

Medium Neutral Citation: Environa Studio Pty Ltd v Fairfield City Council [2020] NSWLEC 1578 Hearing dates: 21, 22, 29 October 2020 Date of orders: 24 November 2020 Decision date: 29 October 2020 Jurisdiction: Class 1 Before: Clay AC Decision: The Court orders: (1) The appeal is allowed. (2) Development consent is granted to development application DA 646.1/2018 for the demolition of an existing dwelling and ancillary structures, removal of certain vegetation, and the construction of a boarding house development comprising three two-storey buildings containing a total of 26 boarding rooms including 23 double and three single rooms, one manager's room and three communal living rooms with associated facilities, 13 car parking spaces, five motorcycle spaces, six bicycle spaces, and ancillary fencing and stormwater works upon the conditions annexed and marked A. (3) Exhibits other than exhibits H, R, S, T and 1 shall be returned. Catchwords: DEVELOPMENT APPLICATION – boarding house development – issues resolved during hearing – resident issues – character, parking – solar access Legislation Cited: Environmental Planning and Assessment Act 1979 Fairfield Local Environmental Plan 2013 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55 – Remediation of Land Texts Cited: Fairfield Development Control Plan 2013 Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (July 2020) Category: Principal judgment Parties: Environa Studio Pty Ltd (Applicant) Fairfield City Council (Respondent) Representation: Counsel: R O'Gorman-Hughes (Applicant) J Smith (Respondent)