Jamisa Design Pty Ltd v Ashfield Council [2012] NSWLEC 1086

Land and Environment Court New South Wales

Medium Neutral Citation: Jamisa Design Pty Ltd v Ashfield Council [2012] NSWLEC 1086 Hearing dates: 30 March 2012 Decision date: 10 April 2012 Jurisdiction: Class 1 Before: O'Neill C Decision: Appeal upheld Catchwords: APPEAL - application to modify consent; boarding house, overshadowing, public interest 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 Environment Plan 1985; Environmental Planning and Assessment Act 1979 Cases Cited: Pafburn v North Sydney Council [2005] NSWLEC 444; The Benevolent Society v Waverley Council [2010] NSWLEC 1082 Texts Cited: Ashfield Development Control Plan 2007 Category: Principal judgment Parties: Jamisa Design Pty Ltd (Applicant)

Ashfield Council (Respondent) Representation: Counsel Mr Vasili Conomos (Solicitor) (Applicant)

Mr Stephen Patterson (Solicitor) (Respondent) Solicitors Conomos Legal (Applicant)

Wilshire Webb Staunton Beattie (Respondent) File Number(s): 10008 of 2012

Judgment 1COMMISSIONER: This is an appeal pursuant to the provisions of s 97AA of the Environmental Planning and Assessment Act 1979 against the refusal by Ashfield Council (the Council), of an application to modify development consent, Development Application 10.2010.18.2 (the application) for an additional room in a boarding house, currently under construction and nearing completion, at 59 Liverpool Road, Ashfield (the site).