Rahman v Campbelltown City Council [2021] NSWLEC 1211

Land and Environment Court New South Wales

Medium Neutral Citation: Rahman v Campbelltown City Council [2021] NSWLEC 1211 Hearing dates: 22 April 2021 Date of orders: 2 June 2021 Decision date: 02 June 2021 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders that: (1) The appeal is dismissed. (2) Development consent for Development Application No. DA-3886/2019/DA-BH for the demolition of a single storey dwelling and erection of a boarding house containing 16 boarding rooms at 1 Durham Street, Minto is refused. (3) The exhibits are returned apart from 1 and 3. Catchwords: DEVELOPMENT APPLICATION – demolition of existing structures and construction of a boarding house – site located in R3 Medium Density Residential zone – whether the proposed development exhibits design excellence Legislation Cited: Campbelltown Local Environmental Plan 2015 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 Cases Cited: Madss Properties No 2 Pty Ltd ATF Newtown Property Trust (No 2) v Blacktown City Council [2019] NSWLEC 126 Texts Cited: Campbelltown (Sustainable City) Development Control Plan 2015 Amendment No 7 Category: Principal judgment Parties: Mohammed Rahman (Applicant) Campbelltown City Council (Respondent) Representation: Counsel: M Rahman (Self-represented) (Applicant) A Seton (Solicitor) (Respondent)