Admark Investments Pty Ltd v Ashfield Council [2014] NSWLEC 1109

Land and Environment Court New South Wales

Medium Neutral Citation: Admark Investments Pty Ltd v Ashfield Council [2014] NSWLEC 1109 Hearing dates: 27 May, 2014 Decision date: 13 June 2014 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is dismissed. 2. Development Application No. 10.2013.292.1 for a new boarding house is refused. 3. The exhibits, other than exhibits 1 and A, are returned. Catchwords: DEVELOPMENT APPLICATION: Boarding house development; impact on heritage significance of the North Summer Hill Conservation Area; bulk and scale; car parking. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Admark Investments Pty Ltd (Applicant) Ashfield Council (Respondent) Representation: Mr G. McKees Solicitor (Applicant) Mr P. Jackson Solicitor (Respondent) McKees Legal Solutions (Applicant) Pikes & Verekers Lawyers (Respondent) File Number(s): 10081 of 2014

Judgment 1COMMISSIONER: This is an appeal pursuant to the provisions of s97 of the Environmental Planning and Assessment Act 1979 against the refusal of Development Application No.10.2013.292.1 for a new boarding house and associated car parking and landscaping (the proposal) at 50A Sloane Street, Summer Hill (the site) by Ashfield Council (the Council). 2The appeal was subject to mandatory conciliation on 17 April 2014, in accordance with the provisions of s34 of the Land and Environment Court Act 1979 (LEC Act). As agreement was not reached during the conciliation phase, the conciliation conference was terminated on 29 April 2014, pursuant to s34(4) of the LEC Act.