NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Abdul-Rahman v Strathfield Municipal Council [2016] NSWLEC 1393 Hearing dates: 7 and 8 June 2016 Date of orders: 07 September 2016 Decision date: 07 September 2016 Jurisdiction: Class 1 Before: Smithson C Decision: 1. The appeal is dismissed 2. DA0140/2015 for a residential flat building at 251-253 Homebush Road, Strathfield South is refused. 3. The exhibits, except Exhibits A and 1, are returned. Catchwords: DEVELOPMENT APPLICATION – residential flat building; infill affordable housing; height; clause 4.6 variation; local character; building separation; setbacks; overshadowing; apartment mix; precedent Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy 65 - Design Quality of Residential Apartment Development Strathfield Local Environmental Plan 2012 Category: Principal judgment Parties: Omar Abdul-Rahman (Applicant) Strathfield Municipal Council (Respondent) Representation: Counsel: Mr R O'Gorman-Hughes (Applicant) -
Solicitors: Ms A Spizzo, Landerer & Company (Applicant) Mr A Seton, Marsdens Law Group (Respondent) File Number(s): 16/152492
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