NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Lam v Ashfield Council [2015] NSWLEC 1195 Hearing dates: 29-30 April 2015 Date of orders: 30 May 2015 Decision date: 13 May 2015 Jurisdiction: Class 1 Before: Fakes C Decision: Appeal upheld see [78] Catchwords: DEVELOPMENT APPLICATION: Boarding house; character; bulk and design; amenity of neighbouring properties; amendments made Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy No. 1 – Development Standards Ashfield Local Environmental Plan 2013 Cases Cited: Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Category: Principal judgment Parties: Benjamin Lam (Applicant) Ashfield Council (Respondent) Representation: Counsel: Applicant: Mr P Clay SC (Barrister) Respondent: Ms J Reid (Barrister)
Solicitors: Applicant: McKees Legal Solutions Respondent: Wiltshire Webb Staunton Beattie File Number(s): 10029 of 2015
Judgment 1. COMMISSIONER: The applicant appeals Ashfield Council's refusal of Development Application No. DA10.2014.224.1 for the demolition of existing structures and the construction of a part two/ part three storey boarding house at 14 Elizabeth Street, Ashfield (the site). 2. The appeal is made pursuant to s 97(1)(b) of the Environmental Planning and Assessment Act 1979 (the Act).
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