Chami v Bankstown City Council [2011] NSWLEC 1311

Land and Environment Court New South Wales

Medium Neutral Citation: Chami v Bankstown City Council [2011] NSWLEC 1311 Hearing dates: 15 July 2011 and written submissions on 28 July 2011 Decision date: 02 November 2011 Jurisdiction: Class 1 Before: Tuor C Decision: 1.The appeal is upheld. 2.The development application for subdivision of land into two lots, the demolition of an existing dwelling house and stables and the construction of a boarding house at 117 Simmat Avenue, Condell Park, is approved subject to the conditions in Annexure A . 3.The exhibits, except Exhibits 1, 6, B and C, are returned. Catchwords: APPEAL - development application for a boarding house. Permissibility and whether zone in LEP equivalent to zone in the Standard Instrument. Impact on amenity. Compatibility with character of locality and adequacy of car parking. Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy Affordable Rental Housing 2009 Bankstown Local Environmental Plan 2001 Category: Principal judgment Parties: Rabih Chami (Applicant)

Bankstown City Council (Respondent) Representation: Mr P Rigg, solicitor (Applicant)

Mr A Seton, solicitor (Respondent) Norton Rose (Applicant)

Marsdens Law Group (Respondent) File Number(s): 10294 of 2011

Judgment 1This is an appeal against the refusal by Bankstown City Council (council) of a development application (DA-846/201) under the Environmental Planning and Assessment Act 1979 (EPA Act) for subdivision of land into two lots in a battle-axe configuration, the demolition of an existing dwelling house and stables and the construction of a nine room boarding house on the proposed front lot. The land to which the application relates is known as 117 Simmat Avenue, Condell Park (the site). 2The key issues in dispute between the parties are whether the proposal: (i)is permissible; (ii)will have adverse impacts on residential amenity; (iii)is inconsistent with the character of the locality; and (iv)will generate additional traffic that will have adversely impact on local roads and the amenity of residents.