Abacus Property Group v Ashfield Municipal Council [2009] NSWLEC 1097

Land and Environment Court of New South Wales

CITATION : Abacus Property Group v Ashfield Municipal Council [2009] NSWLEC 1097

APPLICANT Abacus Property Group PARTIES : RESPONDENT Ashfield Municipal Council

FILE NUMBER(S) : 10261 of 2008

CORAM: Bly C

KEY ISSUES: DEVELOPMENT APPLICATION :- Retail, commercial and residential development, alterations and additions to existing buildings, height, bulk and scale, floor space, carparking

Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No. 1 - Development Standards LEGISLATION CITED: State Environmental Planning Policy No 65 - Principles for Residential Flat Design Ashfield Local Environmental Plan 1985 Ashfield Development Control Plan 2007

DATES OF HEARING: 15-18/12/2008, 27/03/2009 and 31/03/2009

DATE OF JUDGMENT: 3 April 2009

APPLICANT Mr M. Craig, QC Instructed by Malleson Stephen Jaques LEGAL REPRESENTATIVES:

RESPONDENT Mr J. Ayling, SC Instructed by Pikes Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

3 March 2009

10261 of 2008 Abacus Property Group v Ashfield Municipal Council

Judgment Introduction 1 Situated in Liverpool Road a short distance to the south of the Ashfield Railway Station in the Ashfield Town centre is the existing retail and commercial development known as the Ashfield Mall. The development application to which this appeal relates involves significant alterations and additions to the existing buildings including changes to its architectural presentation, additional commercial and retail floorspace and together with residential flats, terrace style houses and landscaped open space above the existing roof top car park.