Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 1009

Land and Environment Court New South Wales

Medium Neutral Citation: Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 1009 Hearing dates: 26, 27 November 2014 Date of orders: 30 January 2015 Decision date: 30 January 2015 Jurisdiction: Class 1 Before: Pearson C Decision: 1. The appeal is upheld. 2. Development application No 17.2014.3 for the construction of a mixed use development consisting of a residential flat building and retail premises including car parking and landscaping works at 425 Liverpool Road Ashfield is approved subject to the conditions in Annexure A. 3. The exhibits are returned except for exhibits 1, 4, 9, B and C. Catchwords: DEVELOPMENT APPLICATION – Mixed use development – Number of storeys – Height development standard – Gross floor area within top 3m of height limit – Whether contravention of development standard justified Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Environmental Planning and Assessment Regulation 2000 State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development State Environmental Planning Policy No 1 – Development Standards Ashfield Local Environmental Plan 2013 Cases Cited: Hooker Corporation Pty Ltd v Hornsby Shire Council (1986) 130 LGERA 438 Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 Terrace Tower Holdings Pty Ltd v Sutherland Shire Council (2003) 129 LGERA 195 Wehbe v Pittwater Council [2007] NSWLEC 827 Winten Property Group Limited v North Sydney Council (2001) 130 LGERA 79 Category: Principal judgment Parties: Four2Five Pty Ltd (Applicant) Ashfield Council (Respondent) Representation: Counsel: Mr P Tomasetti SC (Applicant)