Co. As. It. Italian Association of Assistance v Ashfield Municipal Council [2009] NSWLEC 1109

Land and Environment Court of New South Wales

CITATION : Co. As. It. Italian Association of Assistance v Ashfield Municipal Council [2009] NSWLEC 1109

APPLICANT Co. As. It. Italian Association of Assistance PARTIES : RESPONDENT Ashfield Municipal Council

FILE NUMBER(S) : 11183 of 2008

CORAM: Brown C

KEY ISSUES: DEVELOPMENT APPLICATION :- demolition of existing structures and the construction of an educational establishment - impact on heritage significance of Haberfield Heritage Conservation Area and heritage item Yasmar - vehicular access and parking

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environmental Planning Policy (Infrastructure) 2007 Ashfield Local Environmental Plan 1985 Ashfield Development Control Plan 2007 – Part C7 - Haberfield Heritage Conservation Area

DATES OF HEARING: 16,17/03/09

DATE OF JUDGMENT: 15 April 2009

APPLICANT Mr A Galasso SC SOLICITORS Blake Dawson LEGAL REPRESENTATIVES: RESPONDENT MR J Robson SC SOLICITORS Wilshire Webb Staunton Beattie

JUDGMENT: - 1 - THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

15 April 2009

11183 of 2008 Co. As. It. Italian Association of Assistance v Ashfield Municipal Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal of Development Application 10.2008.15.1 by Ashfield Municipal Council (the council) for the demolition of existing structures and the construction of an educational establishment on part of the land at 185 Parramatta Road, Haberfield (the site). 2 The council raised issues relating to the design, particularly the bulk and scale of the proposed buildings, the unacceptable impact on the heritage significance of the site and the wider area when compared to the existing residential character of the area and the unsatisfactory vehicular access and parking arrangements. A number of local residents provided evidence on-site and supported the council's issues. The applicant also provided lay evidence in support of the proposed school.