Amflo Pty Ltd v Strathfield Municipal Council [2005] NSWLEC 520

Land and Environment Court of New South Wales

CITATION : Amflo Pty Ltd v Strathfield Municipal Council [2005] NSWLEC 520

APPLICANT Amflo Pty Ltd PARTIES : RESPONDENT Strathfield Municipal Council

FILE NUMBER(S) : 11631 of 2004

CORAM: Tuor C

Development Application :- Mixed Use development Development within road reservation KEY ISSUES: height building width and landscaping

Environmental Planning and Assessment Act 1979 Strathfield Planning Scheme Ordinance LEGISLATION CITED: Strathfield Local Environmental Plan 104 State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development

Architectural Property Services Pty Ltd v Rockdale City Council [1999] NSWLEC 83 ; CASES CITED: Weal v Bathurst City Council & Anor [2000] NSWCA 88 ; Rethmath Investments No 6 Pty Ltd v Botany Bay Council (No 2) (11 December 1996, unreported)

DATES OF HEARING: 09/08/2005

DATE OF JUDGMENT: 09/16/2005

APPLICANT Mr M Sahade, Barrister

LEGAL REPRESENTATIVES: RESPONDENT Mr A Seton, Solicitor SOLICITORS Marsdens

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C

16 September 2005

11631 of 2004 Amflo Pty Ltd v Strathfield Municipal Council

PRELIMINARY JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal by Strathfield Municipal Council (the council) of a development application (DA0304/204) for a mixed use development at 82 Park Road and 56-58 Powell Street, Homebush (the site). The site and its context 2 The site is located on the corner of Park Road and Powell Street close to Parramatta Road. It is an irregular shape with a total area of 1948.3sqm and comprises three separate allotments (part lot 9 Sec 23 in DP 477 and lots A and D DP 958679) and is developed with two detached houses. The frontage to Park Road is 13.41m and 90.9m to Powell Street. 3 The adjoining site to the south along Park Road is a car sales yard that fronts Parramatta Road and along Powell Street a residential flat development is under construction. On the opposite side of Powell Street to the north there is a heritage item and a recent residential flat building. 4 The surrounding area is a mixture of residential and commercial development. The commercial development generally fronts Parramatta Road with the residential development in the local streets. The area is one undergoing transition with a number of recent developments either built or under construction.