Lonergan v Ashfield Municipal Council [2011] NSWLEC 1378

Land and Environment Court New South Wales

Medium Neutral Citation: Lonergan v Ashfield Municipal Council [2011] NSWLEC 1378 Hearing dates: 24 November 2011 Decision date: 24 November 2011 Jurisdiction: Class 1 Before: Murrell C Decision: (1)The appeal in respect of number 12 The Avenue, Ashfield is upheld. (2)Leave is granted for amended plans and the applicant, under s 97B, is to pay the respondent's costs in the sum of $4,000. (3)The development application submitted to Ashfield Council and as amended and shown in exhibit W for a 19 room boarding house and manager's unit is granted consent, subject to the conditions in annexure A. (4)The exhibits are returned to the parties with the exception of 1, 9, D, P, W and X. Catchwords: DEVELOPMENT APPLICATION APPEAL Affordable housing - impact on character of area and impacts on adjoining properties: overshadowing; visual and aural privacy. Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No 1 Cases Cited: Cooper Brookes (Wollongong) v Federal Commissioner of Taxation (1981) 147 CLR Cranbrook School v Woollahra Municipal Council (2006) 66 NSWLR 379 Category: Principal judgment Parties: Mr P Lonergan (Applicant)

Ashfield Municipal Council (Respondent) Representation: Counsel Mr G McKee (Applicant)

Mr S Patterson (Respondent) Solicitors McKees Legal Solutions (Applicant)