Salanitro-Chafei v Ashfield Council [2005] NSWLEC 366

Land and Environment Court of New South Wales

CITATION : Salanitro-Chafei v Ashfield Council [2005] NSWLEC 366

Applicant: Roy Salanitro-Chafei PARTIES : Respondent: Ashfield Council

FILE NUMBER(S) : 10361 of 2005

CORAM: Roseth SC

KEY ISSUES: Development Application :- Planning principle: relationship of density to residential character

DATES OF HEARING: 24/06/2005

DATE OF JUDGMENT: 07/08/2005

Applicant: Mr M Seymour, barrister instructed by Mr D Andrews of Colquhoun & Colquhoun

LEGAL REPRESENTATIVES:

Respondent: Mr P Jackson, solicitor of Pike Pike & Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

8 July 2005

10361 of 2005 Roy Salanitro-Chafei v Ashfield Council

JUDGMENT 1 Senior Commissioner: This is an appeal against the refusal by Ashfield Council (the council) of a development application to demolish the existing house and erect a new two-storey house on lot 10 DP 965912 s4, known as 31 Cromwell Street, Croydon Park.

The site 2 The site is on the southwest corner of Cromwell and Arthur Streets. It now contains a timber and iron single-storey house in dilapidated condition. Its area is 479m2. To the south it adjoins 33 Cromwell Street. To the west it adjoins 46 Carshalton Street. 3 While it is not a conservation area, the surrounding area exhibits a high level of consistency of scale and character. The majority of buildings are single-storey and date from before World War II. There are several heritage items and proposed heritage items in the vicinity.