Elcheikh v Cumberland Council [2018] NSWLEC 1165

Land and Environment Court New South Wales

Medium Neutral Citation: Elcheikh v Cumberland Council [2018] NSWLEC 1165 Hearing dates: 7-8 March 2018 Date of orders: 05 April 2018 Decision date: 05 April 2018 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is dismissed. (2) The development application, numbered 540/2016, for the demolition of an existing single storey dwelling and the construction of a 5-storey boarding house at 15 Cross Street, Guildford, is refused. (3) The exhibits are returned, except for exhibits A and B. Catchwords: APPEAL – development application – boarding house – character of the local area – whether apartment design guide can be used to determine future character – compatibility – amenity impacts – overshadowing – internal amenity Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.15, 8.7 Parramatta Development Control Plan 2011 Parramatta Local Environmental Plan State Environmental Planning Policy (Affordable Rental Housing) 2009 Cases Cited: Hastings Point Progress Association Incorporated v Tweed Shire Council 168 LGERA 99, [2009] NSWCA 285 Category: Principal judgment Parties: Obeida Elcheikh (Applicant) Cumberland Council (Respondent) Representation: Solicitors: Mr G McKee, McKees Legal Solutions (Applicant) Mr A Gough, Storey & Gough (Respondent) File Number(s): 2017/158784 Publication restriction: Nil