Gilfillan v Wagga Wagga City Council [2012] NSWLEC 1253

Land and Environment Court New South Wales

Medium Neutral Citation: Gilfillan v Wagga Wagga City Council [2012] NSWLEC 1253 Hearing dates: 27 August 2012 Decision date: 10 September 2012 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is dismissed. 2. The development application for a serviced apartment development at 6-8 Darlow Street Wagga Wagga, is refused. 3. The exhibits, except Exhibit 1 may be returned. Catchwords: DEVELOPMENT APPLICATION: serviced apartments. Permissibility, consistency with zone objectives, compatibility with character of the area. Legislation Cited: Environmental Planning and Assessment Act 1979 Wagga Wagga Local Environmental Plan State Environmental Planning Policy No 65 - Design Quality of Residential Development Cases Cited: Abret Pty Ltd v Wingecarribee Shire Council (2011) 180 LGERA 343 Capuano v Port Macquarie-Hastings Council [2011] NSWLEC 1043 SJ Connelly Pty v Ballina Shire Council [2011] NSWLEC 1045 Graincorp Operations Limited v Liverpool Plains Shire Council [2012] NSWLEC 143 Category: Principal judgment Parties: John Gilfillan (Applicant)

Wagga Wagga City Council (Respondent) Representation: Mr J Gilfillan (Applicant)

Mr A Bradbury, solicitor (Respondent) Williams Love and Nicol, Lawyers (Respondent) File Number(s): 10425 of 2012

Judgment 1COMMISSIONER: This is an appeal against the refusal of a development application (DA11/0243) under the Environmental Planning and Assessment Act 1979 (EPA Act) for a serviced apartment development at 6-8 Darlow Street, Wagga Wagga (site). 2The key contentions are whether the proposed development is: i. properly characterised as "hotel or motel accommodation" and is prohibited in the Rl General Residential zone under the Wagga Wagga Local Environmental Plan 2010 (the LEP); ii. inconsistent with the objectives of the Rl General Residential zone under the LEP as it does not provide for the housing needs of the community or provide for a variety of housing types and densities or provide facilities or services to meet the day to day needs of residents; iii. is responsive to the site, enhances opportunities for community connections and respects the established residential character in the vicinity of the site.