Frank and Susana Tomas v Ashfield Council [2016] NSWLEC 1183

Land and Environment Court New South Wales

Medium Neutral Citation: Frank and Susana Tomas v Ashfield Council [2016] NSWLEC 1183 Hearing dates: 5 May 2016 Date of orders: 06 May 2016 Decision date: 06 May 2016 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is upheld. 2. DA 10.2015.21.1 by Ashfield Council for the demolition of all the existing improvements and the construction of a four storey shop top housing development at 125‑131 Croydon Road, Croydon is approved subject to the conditions in Annexure A. 3. The exhibits except exhibits 1, A and B are returned. Catchwords: DEVELOPMENT APPLICATION: demolition of all the existing improvements and the construction of a four storey shop top housing development - whether a fourth storey is acceptable – adequacy of communal space – weight to be given to Ashfield Interim Development Assessment Policy Legislation Cited: Ashfield Local Environmental Plan 2013 Environmental Planning and Assessment Act 1979 Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 Seaside Property Developments Pty Ltd v Wyong Shire Council [2004] NSWLEC 117 Terrace Towers Holdings Pty Ltd v Sutherland Shire Council (2003) 129 LGERA 195 Category: Principal judgment Parties: Frank and Susana Tomas (Applicants) Ashfield Council (Respondent) Representation: Counsel: Mr S Nash, barrister (Applicant) Mr P Jackson, solicitor (Respondent)