Maharaj v Parramatta City Council [2011] NSWLEC 1074

Land and Environment Court New South Wales

Medium Neutral Citation: Maharaj v Parramatta City Council [2011] NSWLEC 1074 Hearing dates: 29 March 2011 Decision date: 29 March 2011 Before: Morris C Decision: 1. The appeal is upheld. 2. The development application (DA/393/2010) to use an existing dwelling at Lot B DP 392539 No. 94 Alfred Street, Rosehill as a boarding house is approved subject to the conditions in Annexure A. 3. The exhibits, except Exhibits 1, 3, A and C may be returned. Catchwords: Consent Orders; boarding house; SEPP Affordable Rental Housing. Legislation Cited: Environmental Planning and Assessment Act, 1979; Sydney Regional Environmental Plan No 28-Parramatta; State Environmental Planning Policy (Affordable Rental Housing) 2009; Standard Instrument-Principal Local Environmental Plan Cases Cited: Thurkal v Parramatta City Council [2011] NSWLEC 1019; Jonah Pty Ltd v Pittwater Council (2006) LGERA 408 Texts Cited: Building Code of Australia Category: Principal judgment Parties: APPLICANT Shekhar Prasad Maharaj

RESPONDENT Parramatta City Council Representation: RESPONDENT Tony Pickup Solicitor Storey and Gough Lawyers File Number(s): 10980 of 2010

Judgment This determination was given extemporaneously and has been edited prior to publication. 1This is an appeal under s 96(1) of the Environmental Planning and Assessment Act, 1979 (the Act) against the refusal by Parramatta City Council (the council) of a development application which seeks the use of an existing dwelling at No. 94 Alfred Street, Rosehill (the site) as a boarding house. 2The issues between the parties have been resolved and they are seeking orders from the Court.