Al Ali v Canterbury-Bankstown Council [2019] NSWLEC 1115

Land and Environment Court New South Wales

Medium Neutral Citation: Al Ali v Canterbury-Bankstown Council [2019] NSWLEC 1115 Hearing dates: 25 – 26 February 2019 Date of orders: 26 March 2019 Decision date: 26 March 2019 Jurisdiction: Class 1 Before: Walsh C & Bindon AC Decision: (1) Leave is granted to rely on amended plans listed in Annexure A. (2) The Applicant is to pay the Respondent's costs in accordance with section 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (3) The appeal is upheld. (4) Development Application No DA394/2017 for demolition of existing structures and construction of a two storey boarding house comprising 23 boarding rooms, one communal room and one manager's room, and associated works, at 62 Wangee Road, Lakemba, is approved subject to the conditions of consent at Annexure A. (5) The exhibits, other than Exhibits 1, 2, A, B and H, are returned. Catchwords: DEVELOPMENT APPLICATION: boarding house – weight to proposed environmental planning instrument – character compatibility – amenity – parking – landscaping – noise nuisance condition – costs thrown away Legislation Cited: Bankstown Local Environmental Plan 2015 Canterbury Local Environmental Plan 2012 Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 Cases Cited: Architects Haywood and Bakker Pty Ltd v North Sydney Council [2000] NSWLEC 138 Blackmore Design Group Pty Ltd v North Sydney Council [2001] NSWLEC 279 Futurespace Pty Ltd v Ku-ring-gai Council [2009] NSWLEC 153 Project Venture Developments v Pittwater Council [2005] NSWLEC 191 S J Connelly Pty Ltd v Ballina Shire Council [2010] NSWLEC 167 Steel v Liverpool City Council [2019] NSWLEC 1049 Terrace Tower Holdings Pty Limited v Sutherland Shire Council [2003] NSWCA 289 The Benevolent Society v Waverley Council [2010] NSWLEC 1082 Texts Cited: Australian Standards AS/NZS 2890.1:2004 Parking facilities Part 1: Off-street car parking Canterbury Development Control Plan 2012 Category: Principal judgment Parties: Ghazi Al Ali (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: A Pickles SC (Applicant)