Barbara St Pty Ltd v Fairfield City Council [2021] NSWLEC 1145

Land and Environment Court New South Wales

Medium Neutral Citation: Barbara St Pty Ltd v Fairfield City Council [2021] NSWLEC 1145 Hearing dates: 1-2 February 2021 Date of orders: 23 March 2021 Decision date: 23 March 2021 Jurisdiction: Class 1 Before: Gray C and Bradbury AC Decision: Proceedings 2020/264873: The Court orders that: (1) The appeal is upheld. (2) Development application no DA347.1/2018 (as amended on 1 February 2021) for the conversion of an existing mixed-use development to a boarding house comprising 13 boarding rooms, 1 manager's room, manager's office, 4 communal areas and at grade parking for 7 vehicles, 3 motorbikes and 3 bicycles at 35 Barbara Street Fairfield, is determined by the grant of consent subject to the conditions in Annexure A. (3) The exhibits are returned, except for exhibits C, D, E, F, 5, 8 and 9. Proceedings 2020/70514: The Court orders that: (1) The respondent is to file and serve evidence that addresses Sch 5 Part 4 cl 2(1) of the Environmental Planning and Assessment Act 1979, proposed orders that require the Council to take the steps set out in cl 2(2), and any final submissions on the final orders by 6 April 2021. (2) The applicant is to file and serve any submissions in reply by 13 April 2021. (3) Pending the making of final orders on the appeal, liberty to restore is granted on 2 days' notice. Catchwords: APPEAL – development application – boarding house – encroachment on public land – whether active street frontage required – car parking –contentions resolved APPEAL – development control order – unauthorised development – fire safety – order likely to make residents homeless Legislation Cited: Environmental Planning and Assessment Act 1979 Fairfield Local Environmental Plan 2013 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 Cases Cited: BGP Properties Pty Limited v Lake Macquarie City Council (2004) 138 LGERA 237; [2004] NSWLEC 399 Mobil Oil Australia Ltd v Baulkham Hills Shire Council (No 2) 1971 28 LGRA 374 Texts Cited: Australian Standard 2890.1:2004 – Parking Facilities Building Code of Australia Fairfield Citywide Development Control Plan 2013 Category: Principal judgment Parties: Barbara St Pty Ltd (Applicant) Fairfield City Council (Respondent) Representation: Counsel: F Berglund (Applicant) S Schneider (Solicitor) (Respondent)