SDA Australia Pty Ltd v Ashfield Municipal Council [2009] NSWLEC 1091

Land and Environment Court of New South Wales

CITATION : SDA Australia Pty Ltd v Ashfield Municipal Council [2009] NSWLEC 1091

APPLICANT SDA Australia Pty Ltd PARTIES : RESPONDENT Ashfield Municipal Council

FILE NUMBER(S) : 10635 of 2008

CORAM: Bly C

KEY ISSUES: DEVELOPMENT APPLICATION :- Residential flat buildings site specific DCP, heritage, building height and floor space ratio.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environmental Planning Policy No. 1 - Development Standards Ashfield Local Environmental Plan 1985 Ashfield Development Control Plan 2007

CASES CITED: Zhang v Canterbury City Council [2001] NSWCA 167

DATES OF HEARING: 13 - 14 November 2008 and 18 - 19 February 2009

DATE OF JUDGMENT: 31 March 2009

APPLICANT Mr M. Craig QC Instructed by Maddocks LEGAL REPRESENTATIVES:

RESPONDENT Mr G McKee, solicitor of McKee's Legal Solutions

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

31 March 2008

10635 of 2008 SDA Australia Pty Ltd v Ashfield Municipal Council

JUDGMENT Introduction 1 This appeal involves three allotments of land at 67 - 75 Smith Street, Summer Hill. The development application is for the demolition of several existing industrial buildings and the construction of a building containing five three-storey terrace style dwellings, three residential flat buildings (Buildings A and B and Building C/D) containing a total of 23 dwellings and a basement car park for 46 cars. Also, there are to be alterations and additions to the existing heritage listed dwelling house at 67 Smith Street. The entire development is to be strata subdivided.