Pembroke Street Holding Company Pty Ltd v Ashfield Council [2012] NSWLEC 1030

Land and Environment Court New South Wales

Medium Neutral Citation: Pembroke Street Holding Company Pty Ltd v Ashfield Council [2012] NSWLEC 1030 Hearing dates: 2 February 2010 Decision date: 15 February 2012 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: Boarding house; whether the development is consistent with the character of the local area; adequacy of plan of management. Legislation Cited: State Environmental Planning Policy (Affordable Rental Housing) 2009; State Environmental Planning Policy No. 65 - Design Quality of Residential Flat Development; Land and Environment Court Act 1979; Ashfield Local Environmental Plan 1985; Sydney Regional Environmental Plan (Sydney Harbour Catchment); State Environmental Planning Policy No. 55 -- Remediation of Land; Environmental Planning and Assessment Act 1979 Cases Cited: Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Texts Cited: Ashfield Development Control Plan 2007 Category: Principal judgment Parties: Pembroke Street Holding Company Pty Ltd (Applicant)

Ashfield Council (Respondent) Representation: Mr J Cole HWL Ebsworth Lawyers (Applicant)

Mr P Jackson Pikes Lawyers (Respondent) File Number(s): 10906 of 2011

Judgment 1Pembroke Street Holding Company lodged Development Application No. 10.2011.100 with Ashfield Council seeking approval to demolish an existing residential flat building and construct a 20 room boarding house at No. 8 Pembroke Street, Ashfield. The Council has refused the application and Pembroke is appealing its decision. 2The issues between the parties are whether the proposed development is compatible with the character of the local area; whether it satisfies the design quality principles of State Environmental Planning Policy No. 65 - Design Quality of Residential Flat Development , ( SEPP65); whether the proposed development results in unacceptable visual privacy impacts on neighbouring properties and whether the application is in the public interest. It is agreed that contentions relating to stormwater drainage and visual privacy can be addressed by consent conditions however, the Council presses those other matters. 3The proposal has been submitted under the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009 (SEPPARH).