NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Boyagi v Parramatta City Council [2009] NSWLEC 1272
APPLICANT Tony Boyagi PARTIES : RESPONDENT Parramatta City Council
FILE NUMBER(S) : 10231 of 2009
CORAM: Tuor C
DEVELOPMENT APPLICATION :- construction of a building for use as a boarding house KEY ISSUES: provision of on site parking residential amenity
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Parramatta Local Environmental Plan 2001 State Environmental Planning Policy (Affordable Rental Housing) 2009
DATES OF HEARING: 14 July 2009 and 14 August 2009
DATE OF JUDGMENT: 14 August 2009
APPLICANT Mr J Doyle, barrister LEGAL REPRESENTATIVES: RESPONDENT Mr T Pickup, solicitor of Storey & Gough
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Tuor C
14 August 2009
10231 of 2009 Tony Boyagi v Parramatta City Council
JUDGMENT 1 This is an appeal against the refusal by Parramatta City Council (the council) of a development application under the Environmental Planning and Assessment Act 1979 (the Act) to demolish a single storey dwelling and construct a two storey building for use as a 13 room boarding house for 15 people with parking for two cars at 479 Kissing Point Road, Ermington (the site).
2 The main issue between the parties was whether the proposal provides adequate off street parking. Site and locality 3 The site is irregular in shape with an area of 770 sqm and a frontage of 15.9 m to Kissing Point Road.
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