Chehade v Bankstown City Council [2012] NSWLEC 1122

Land and Environment Court New South Wales

Medium Neutral Citation: Chehade v Bankstown City Council [2012] NSWLEC 1122 Hearing dates: 2-3 May 2012 Decision date: 18 May 2012 Jurisdiction: Class 1 Before: Morris C Decision: Appeal dismissed Catchwords: Affordable rental housing, equivalent land use zone, compatibility with character of the local area. Legislation Cited: State Environmental Planning Policy (Affordable Rental Housing) 2009; Bankstown Local Environmental Plan 2001; Standard Instrument - Principal Local Environmental Plan; Civil Procedure Act 2005 Cases Cited: Chami v Bankstown City Council NSWLEC 1311; Segal & Anor v Waverley Council [2005] NSWCA 310; (2005) 64 NSWLR 177; Huang & Lei v Parramatta City Council [2012] NSWLEC 1077 Category: Principal judgment Parties: Chady Chehade (Applicant)

Bankstown City Council(Respondent) Representation: Solicitors Mr P Rigg Norton Rose Australia (Applicant)

Mr M Bonanno Lindsay Taylor Lawyers (Respondent) File Number(s): 11218 of 2011

Judgment 1This is an appeal against the refusal by Bankstown City Council of Development Application DA192/2011 which proposed the demolition of an existing dwelling and associated outbuildings and construction of a 10 room boarding house at 172 Hillcrest Avenue, Mount Lewis. 2The issues in the appeal are whether the development is compatible with the character of the local area, whether the proposal is permitted on the site and whether the Court should apply the current or previous provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009 (SEPPARH).