NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Debgar Holdings Pty Ltd v Wagga Wagga City Council [2019] NSWLEC 1130 Hearing dates: 12 – 13 February 2019 Date of orders: 02 April 2019 Decision date: 02 April 2019 Jurisdiction: Class 1 Before: Chilcott C Decision: The orders of the Court are:
(1) The appeal is upheld;
(2) The Applicant's development application DA17/0211 for the conversion of an existing dwelling to a transitional group home, to be known as the Riverina Recovery House, is determined by the grant of consent, subject to the conditions attached hereto at Annexure 'A';
(3) The exhibits are returned, except Exhibits A, H and 5. Catchwords: DEVELOPMENT APPLICATION: transitional group house; resident objections concerning potential amenity and safety impacts. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 Wagga Wagga Local Environment Plan 2010 Cases Cited: New Century Developments Pty Ltd v Baulkham Hills Shire Council [2003] NSWLEC 154 Zhang v Canterbury City Council [2001] NSWCA 167 Texts Cited: Wagga Wagga Development Control Plan 2010 Category: Principal judgment Parties: Debgar Holdings Pty Ltd (Applicant) Wagga Wagga City Council (Respondent) Representation: Barrister: T To (Applicant)
Solicitors: Bradley Allen Love Lawyers (Applicant) M Simington, Lindsay Taylor Lawyers (Respondent) File Number(s): 2017/320964 Publication restriction: No
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