Spaoak Pty Ltd v Ashfield Municipal Council [2004] NSWLEC 272

Land and Environment Court of New South Wales

CITATION : Spaoak Pty Ltd v Ashfield Municipal Council [2004] NSWLEC 272 APPLICANT Spaoak Pty Ltd PARTIES : RESPONDENT Ashfield Municipal Council FILE NUMBER(S) : 11246 of 2003 CORAM: Nott C KEY ISSUES: Development Application :- mixed development - building of three levels - commercial on ground floor and three residential units above - floor space ratio - bulk and scale - carparking - narrow lot LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 97 State Environmental Planning Policy No. 1--Development Standards CASES CITED: DATES OF HEARING: 7 - 8 January 2004 EX TEMPORE 01/08/2004 JUDGMENT DATE :

APPLICANT Ms L Byrne, barrister SOLICITORS Brock Partners

LEGAL REPRESENTATIVES: RESPONDENT Mr P Jackson, solicitor SOLICITOR Pike Pike & Fenwick

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 11246 of 2003

Nott C

8 January 2004

Spaoak Pty Ltd Applicant v Ashfield Municipal Council Respondent

Reasons for Judgment

Overview

1. This is an appeal against the council's refusal of a development application to erect a mixed development at 31 Byron Street, Croydon. The application was advertised and there were five objections.

2. A planning report from a council officer recommended the granting of consent subject to conditions, and a resolution of the council was passed adopting this recommendation. However, it seems that immediately a recession motion was passed and subsequently the council resolved to refuse the development application. The reasons the council gave for refusing the application are set out in a notice of determination dated 7 October 2003.