Aslan Investments v Ashfield Council [2006] NSWLEC 67

Land and Environment Court of New South Wales

CITATION : Aslan Investments v Ashfield Council [2006] NSWLEC 67

Applicant: Aslan Investments Pty Ltd PARTIES : Respondent: Ashfield Municipal Council

FILE NUMBER(S) : 10301 of 2005

CORAM: Roseth SC

KEY ISSUES: Development Application :- impact on conservation area internal amenity

DATES OF HEARING: 13/02/2006, 14/02/2006 and 08/03/2006

DATE OF JUDGMENT: 03/08/2006

Applicant: LEGAL REPRESENTATIVES: Mr D Officer, QC instructed by Ms C Bracks of Abbot Tout Respondent: Mr P Jackson, solicitor of Pike Pike & Fenwick

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth Sc

8 March 2006

10301 of 2005 Aslan Investments Pty Ltd v Ashfield Municipal Council

JUDGMENT 1 Senior Commissioner: This is an appeal against the refusal by Ashfield Municipal Council (the council) of a development application to demolish the existing buildings and erect a three-storey residential flat building on lot 1 DP 974785, lot 1 DP 129964, lot 1 DP 950605 and lot 1 DP 938576, known as 29-35 Frederick Street, Ashfield.

The site 2 The site is an amalgamation of four allotments with a total area of 2,341m2. It is on the eastern side of Frederick Street, between Albert Parade and Eccles Avenue. It is within a residential 2(c) zone and adjoins a low-density zone on the south (the Eccles Street Conservation Area), and on the east (properties facing to Albert Parade). To the north there are two lots containing single-storey houses, which are in the 2(c) zone. Beyond those two lots is a three-storey apartment building. To the west, the site faces to Frederick Street, on the other side of which are low-scale houses. Frederick Street is a noisy arterial road.