Tamer v Blacktown City Council [2012] NSWLEC 1292

Land and Environment Court New South Wales

Medium Neutral Citation: Tamer v Blacktown City Council [2012] NSWLEC 1292 Hearing dates: 11 October 2012 Decision date: 19 October 2012 Jurisdiction: Class 1 Before: Hussey C Decision: (1)The appeal is dismissed. (2)Development consent for DA - 11 - 566 for the demolition of the existing dwelling and construction of an eight - unit affordable housing development at 91 Paull Street, Mount Druitt is refused. (3)The exhibits may be returned except for 2, 8 and A. Catchwords: DEVELOPMENT APPLICATION - Affordable Rental Housing, compatibility with character of the area, drainage, affordable housing provider Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 Blacktown Local Environmental Plan 1988 Blacktown DCP 2006 Cases Cited: McKees Project Management Pty Ltd v Manly Council [2011] NSWLEC 1226 Project Venture Development v Pittwater Council [2005] NSWLEC 191 Category: Principal judgment Parties: George and Gloria Tamer (Applicants)

Blacktown City Council (Respondents) Representation: Mr R Notley (Applicants)

Mr A Seton (Respondent) Mahony Taren Lawyers (Applicant)

Marsdens Law Group (Respondent) File Number(s): 10332 of 2012

Judgment

Background 1This appeal was lodged against council's refusal of a development application for the demolition of an existing dwelling and construction of an eight (8) unit, two-storey, "infill affordable housing development", located at 91 Paull St, Mt Druitt. 2The application initially proposed the construction of ten (10) units. However after consideration of the issues raised by council, it was amended to eight (8) units. Consequently, the contentions raised by council concern: * Whether the proposal is compatible with the character of the area. * Stormwater drainage disposal. * Affordable housing provider. * Precedent. * Public interest.