Ada v Parramatta CC [2005] NSWLEC 281

Land and Environment Court of New South Wales

CITATION : Ada v Parramatta CC [2005] NSWLEC 281

APPLICANT Esat Ada

PARTIES : RESPONDENT Parramatta City Council

FILE NUMBER(S) : 11280 of 2004

CORAM: Nott C

Development Application :- The use of premises as a boarding house that commenced unlawfully - court-appointed expert supports the granting of consent to amended plans - fire saftey - carparking - amenity of neighbours - plan of management and house rules adopted by conditions KEY ISSUES:

Parramatta Local Environmental Plan 2001 LEGISLATION CITED: Parramatta Development Control Plan 2001 Environmental Planning and Assessment Act 1979

DATES OF HEARING: 23/03/2005, 28/04/2005 and 10/05/2005 EX TEMPORE JUDGMENT DATE : 05/10/2005

APPLICANT Mr P. Clay, barrister instructed by P Saab of Macquarie Lawyers

LEGAL REPRESENTATIVES:

RESPONDENT Mr C. Gough, solicitor of Storey & Gough

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Nott C

10 May 2005

11280 of 2004 Esat Ada v Parramatta City Council

JUDGMENT 1 This is an appeal against the council's refusal of a development application for a boarding house at 7 Robertson Street, East Merrylands. The use of the premises at that address, as a boarding house, commenced unlawfully and the evidence that was given by local residents refers to previous disturbances resulting from the use. What is now proposed will be different from certain aspects of the previous use if there is compliance with conditions, which have been put forward by the council and agreed to by the applicant.