Ashfield RSL v Ashfield Council [2006] NSWLEC 756

Land and Environment Court of New South Wales

CITATION : Ashfield RSL v Ashfield Council [2006] NSWLEC 756

Applicant: Ashfield RSL PARTIES : Respondent: Ashfield Council

FILE NUMBER(S) : 11360 of 2005

CORAM: Roseth SC

KEY ISSUES: Development Application :- variation of FSR standard, sunlight to communal open space,

DATES OF HEARING: 22/08/2006, 23/08/2006, 31/08/2006, 19/10/2006 and 01/12/2006

DATE OF JUDGMENT: 12/01/2006

Applicant: LEGAL REPRESENTATIVES: Mr G McKee, solicitor of McKee Legal Solutions Respondent: Mr S Griffith, solicitor of Pike Pike & Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

1 December 2006

11360 of 2005 Ashfield RSL 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 buildings and erect a development containing a club, shops, serviced apartments, apartments and dwelling houses with associated parking on lot 1 DP 703400 (346-376 Liverpool Road and 187-193 Norton Street), lot 1 DP 934111 (362 Liverpool Road), Part 5 DP 464 (378 Liverpool Road), lot 1 DP 945104 (an electricity substation), lots A and B DP 40053 and lot C and D DP 436744 (203-197 Norton Street).

The site 2 The site extends from the southern side of Liverpool Road to the northern side of Norton Street. The major part of it is the RSL site, to which a substation site and several residential sites have been added. The total area is 11,919 m2. 3 The development on the northern side of Liverpool Road opposite the site is six-to seven-storeys high. To the east of the site along Liverpool Road are two houses and beyond those, three-storey buildings. To the west, between the site and Milton Street, is a vacant site. 4 To the south of the site, along Norton Street and the conservation area to the south, the character is quite different. There is a mixture of three-storey apartment buildings, terraces and detached houses on small allotments. A two-storey apartment building St Julian, at 195 Norton Street, is "embraced" by the development, ie between Buildings D and E.