Chami v Bankstown City Council [2012] NSWLEC 1120

Land and Environment Court New South Wales

Medium Neutral Citation: Chami v Bankstown City Council [2012] NSWLEC 1120 Hearing dates: 9 May 2012 Decision date: 16 May 2012 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is dismissed. 2. Development Application No. 248/2011 is refused. 3. The exhibits are returned. Catchwords: DEVELOPMENT APPLICATION: Boarding house, permissibility, equivalence of Residential 2(a) Zone and the named land use zones. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Chami v Bankstown City Council [2011] NSWLEC 1311 Category: Principal judgment Parties: Rabih Chami (Applicant)

Bankstown City Council (Respondent) Representation: Counsel Stuart Simington (Solicitor) (Respondent)

Rabih Chami (Self-represented) (Applicant) Solicitors Lindsay Taylor Lawyers (Respondent) File Number(s): 10043 of 2012

Judgment 1COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No. 248/2011 (the application) by Bankstown City Council (the Council) for the demolition of an existing dwelling and construction of a twelve room boarding house at 78 South Terrace, Bankstown (the site). 2The key issue between the parties is whether the application is permissible. 3The parties requested a preliminary finding on the issue of permissibility, on the basis that if the Court finds that the proposal is not permissible, it would not be necessary to go to the evidence regarding the merits of the proposal.