NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Boensch v Parramatta City Council (No 2) [2013] NSWLEC 1262 Hearing dates: 12, 13 November 2013 Decision date: 19 November 2013 Jurisdiction: Class 1 Before: Brown C Decision: For Appeal No 10557 of 2012, the orders are: 1.The appeal is dismissed. 2. DA/377/2011 for the construction of an additional level and the use of the new level and an existing level as a 16-room boarding house and ancillary uses in an approved, but not constructed building at 225 Victoria Road Rydalmere is refused. 3. The exhibits are returned with the exception of exhibit A. For Appeal No 10558 of 2012, the orders are: 1. 1.The appeal is dismissed. 2. DA/376/2011 for fit-out and use of three food outlets in the approved, but not constructed building at 225 Victoria Road Rydalmere is refused. 3. The exhibits are returned with the exception of exhibit A. Catchwords: DEVELOPMENT APPLICATIONS: the construction of an additional floor within an approved development and use of the resulting levels (Levels 2 and 3) as a 16 room boarding house (Appeal No 10557of 2012) - fit-out and use of three food outlets (Appeal No 10558of 2012) - weight to be given to draft environmental planning instrument -- flooding - car parking Legislation Cited: Environmental Planning and Assessment Act 1979 Parramatta Local Environmental Plan 2011 State Environmental Planning Policy (Affordable Rental Housing) 2009 Sydney Regional Environmental Plan No 28 - Parramatta Cases Cited: Blackmore Design Group Pty Ltd v North Sydney Council [2001] NSWLEC 279 Maygood Australia Pty Ltd v Willoughby City Council [2013] NSWLEC 142 Terrace Tower Holdings Pty Ltd v Sutherland Shire Council (2003) NSWCA 289 Category: Principal judgment Parties: Franz Boensch (Applicant) Parramatta City Council (Respondent) Representation: In person (Applicant) Mr C Drury, solicitor (Respondent) - (Applicant) Sparke Helmore (Respondent) File Number(s): 10557 of 2012, 10558 of 2012
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