Affordable Housing NSW Pty Ltd v Sydney City Council [2012] NSWLEC 1314

Land and Environment Court New South Wales

Medium Neutral Citation: Affordable Housing NSW Pty Ltd v Sydney City Council [2012] NSWLEC 1314 Hearing dates: 30 October 2012 Decision date: 06 November 2012 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: Development application, boarding house Legislation Cited: Land and Environment Court Act 1979; South Sydney Local Environmental Plan 1998; State Environmental Planning Policy - Affordable Rental Housing (2009); Environmental Planning and Assessment Act 1979 Texts Cited: South Sydney Development Control Plan 1997: Urban Design Category: Principal judgment Parties: Affordable Housing NSW Pty Ltd (Applicant)

Sydney City Council (Respondent) Representation: Mr M Staunton (Applicant)

Mr S Berverling (Respondent) Ms J Hewitt HWL Ebsworth Lawyers (Applicant)

Mr A Singh City of Sydney (Respondent) File Number(s): 10760 of 2012

Judgment 1Affordable Housing NSW Pty Ltd lodged Development Application No 375/2012/DP14 with Sydney City Council on 16 March 2012 seeking consent to construct a 54 room boarding house at No. 80 Parramatta Road, Camperdown. Since that time, the applicant has prepared a number of amended plans attempting to address concerns raised by the council's officers and objections from residents in response to notification of the application. The application remains undetermined and the applicant is appealing its deemed refusal. 2As the result of a conciliation conference held on 25 September 2012 in accordance with the provisions of the Land and Environment Court Act 1979 (LEC Act), and the amendments made to plans in accordance with agreements made at that conference and reflected in the "Revision F" plans, the majority of contentions in the case have been resolved. Further discussions were held on 30 October 2012 including a site view. Objectors were advised of the opportunity to attend this view however none choose to attend. 3The council officers did not have delegated authority to enter into an agreement because the building height exceeded 3 storeys. Accordingly, the conciliation conference was terminated. The parties agreed that I determine the matter in accordance with the provisions of s34(4)(b)(ii) of the LEC Act on the basis of what had occurred at the conferences and having regard to the evidence provided in a joint planning report filed on 25 October 2012.