Pomering v Hawkesbury City Council [2018] NSWLEC 1146

Land and Environment Court New South Wales

Medium Neutral Citation: Pomering v Hawkesbury City Council [2018] NSWLEC 1146 Hearing dates: 19-20 March 2018 Date of orders: 23 March 2018 Decision date: 23 March 2018 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: 1. The appeal is upheld. 2. Development Application No. 0123/17 for the strata subdivision of 179 Windsor Street, Richmond, into two allotments and the construction of a 13 room boarding house on Lot 2 is approved, subject to the conditions of consent at Annexure A. 3. The exhibits, other than exhibits 2, A and B, are returned. Catchwords: DEVELOPMENT APPLICATION: boarding house; strata subdivision of site to create two lots and common property, existing heritage listed dwelling; provision of parking; whether there is sufficient parking spaces for potential future commercial use of existing dwelling; whether an accessible parking space should be provided; amenity. Legislation Cited: Environmental Planning and Assessment Act 1979 Hawkesbury City Council Development Control Plan Hawkesbury Local Environmental Plan 2012 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 Cases Cited: Orico Properties Pty Ltd v Inner West Council [2017] NSWLEC 90 Hawkesbury City Council Development Control Plan Category: Principal judgment Parties: Ron Pomering (Applicant) Hawkesbury City Council (Respondent) Representation: Counsel: Ms J. Reid barrister (Applicant) Mr T. To barrister (Respondent)