Battaglia v Strathfield Council [2014] NSWLEC 1174

Land and Environment Court New South Wales

Medium Neutral Citation: Battaglia v Strathfield Council [2014] NSWLEC 1174 Hearing dates: 26 August 2014 Decision date: 27 August 2014 Jurisdiction: Class 1 Before: Pearson C Decision: See paragraph [34] Catchwords: DEVELOPMENT APPLICATION - Boarding house - Compatibility with character of area - Compliance with development standards Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development Strathfield Local Environmental Plan 2012 Cases Cited: Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Revelop Projects Pty Ltd v Parramatta City Council [2014] NSWLEC 1167 Category: Principal judgment Parties: Romina Battaglia (Applicant) Strathfield Council (Respondent) Representation: Mr P Clay SC (Applicant) Mr A Hudson, Wilshire Webb Staunton Beattie (Applicant) Mr A Seton, Marsdens Law Group (Respondent) File Number(s): 10301 of 2014

Judgment 1This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 (the Act) against the refusal by the respondent Council of consent to development application 2013/152 for the demolition of existing structures and construction of a two storey boarding house comprising nine studio apartments and one 1 bedroom unit above basement level car parking for three cars with associated landscaping and drainage works at 12 Hillcrest Avenue South Strathfield (the site). 2The site is on the eastern side of Hillcrest Avenue and there is currently erected a single storey dwelling with a detached garage. The surrounding development comprises detached single storey dwellings to the south, an Ausgrid electricity substation on the adjoining lot to the north, a townhouse development currently under construction to the north on the corner of the intersection of Hillcrest Avenue and Hill Street, and a school on the opposite side of Hillcrest Avenue which has a frontage to both Hillcrest Avenue and the Hume Highway. There is a large two storey townhouse development to the south west on the opposite side of Hillcrest Avenue. At the rear of the site, with frontage to Coronation Parade, are detached single storey dwellings. 3The applicant lodged the development application on 5 September 2013. The Council publicly notified the development application and 16 written objections and one petition with 20 signatures were received. The development application was amended, with amended plans provided to the Council in November 2013 and January 2014. The application was refused by the Council's Planning Committee on 18 February 2014, and the applicant appealed to the Court on 8 May 2014.