Abdul-Rahman v Ashfield Council [2015] NSWLEC 1122

Land and Environment Court New South Wales

Medium Neutral Citation: Abdul-Rahman v Ashfield Council [2015] NSWLEC 1122 Hearing dates: 14-15 April, 2015 Date of orders: 28 April 2015 Decision date: 28 April 2015 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is dismissed. 2. Development Application No. 2014.167.1 for the demolition of existing structures and construction of a four storey residential flat building with basement parking at 412-416 Liverpool Road, Croydon, is refused. 3. The exhibits, other than exhibits 1, 8 and F, are returned. Catchwords: DEVELOPMENT APPLICATION: residential flat building in a mixed use zone; affordable rental housing component; number of storeys; height development standard; gross floor area within the top 3m of height limit; contravention of the height of buildings development standard; internal amenity. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 1009 Category: Principal judgment Parties: Mr Omar Abdul-Rahman (Applicant) Ashfield Council (Respondent) Representation: Counsel: Mr P. Clay SC (Applicant) Ms P. Burns Solicitor (Respondent)

Solicitors: Conomos Legal (Applicant) Maddocks Lawyers (Respondent) File Number(s): 10701 of 2014

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No. 2014.167.1 for the demolition of existing structures and the construction of a four storey residential flat building with two basement levels of parking and a component of affordable rental housing (the proposal) at 412-416 Liverpool Road, Croydon (the site) by Ashfield Council (the Council). 2. The appeal was subject to mandatory conciliation on 2 December, 2014, in accordance with the provisions of s 34 of the Land and Environment Court Act 1979. As agreement was not reached during the conciliation phase, the conciliation conference was terminated on 17 December, 2014, pursuant to s 34(4) of the LEC Act.