NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: 193 Liverpool Road Ashfield Pty Ltd v Ashfield Council [2015] NSWLEC 1399 Hearing dates: 12-13 August 2015 Date of orders: 29 September 2015 Decision date: 29 September 2015 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is dismissed. 2. The development application (10.2014.261.1) for the construction of a boarding house at 193-195 Liverpool Road, Ashfield is refused. 3. The exhibits, except Exhibit 1, are returned. Catchwords: DEVELOPMENT APPLICATION: Boarding house. Maximum permissible height of building. Adequacy of vehicular access, parking and waste collection. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court 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: Abret Pty Ltd v Wingecarribee Shire Council [2011] NSWCA 107 Chamwell Pty Ltd v Strathfield Council [2007] NSWLEC 114 Hrsto v Canterbury City Council (No. 2) [2014] NSWLEC121 Hawkesbury City Council v Sammut [2002] NSWCA 18 Category: Principal judgment Parties: 193 Liverpool Road Ashfield Pty Ltd (Applicant)
Ashfield Council (Respondent) Representation: Counsel: Mr A Galasso SC (Applicant)
Solicitors: Mr M Driscoll of BCP Lawyers (Applicant)
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