Architecture Design Studio Pty Ltd v Fairfield City Council [2019] NSWLEC 1253

Land and Environment Court New South Wales

Medium Neutral Citation: Architecture Design Studio Pty Ltd v Fairfield City Council [2019] NSWLEC 1253 Hearing dates: 15 May 2019 Date of orders: 07 June 2019 Decision date: 07 June 2019 Jurisdiction: Class 1 Before: Smithson C Decision: The Court orders: (1) The applicant is given leave to rely upon amended plans. (2) The appeal is upheld. (3) Development application No. 479.1/2017 for use of an industrial unit as a place of public workshop and community centre at 54 Orchardleigh Street, Yennora is approved subject to the conditions in Annexure A. (4) The exhibits are returned other than Exhibits A, C and 1. Catchwords: DEVELOPMENT APPLICATION – place of public worship (mosque) and community centre – uses currently operating – parking availability – proportion of parking that should be on-site and on-street – objections based on impact of parking on nearby businesses and in street – proposed cap on numbers – DCP interpretation to determine required parking rate – plan of management Legislation Cited: Environmental Planning and Assessment Act 1979 Fairfield Local Environmental Plan 2013 Land and Environment Court Act 1979 Texts Cited: Fairfield Citywide Development Control Plan 2013 Category: Principal judgment Parties: Architecture Design Studio Pty Ltd (Applicant) Fairfield City Council (Respondent) Representation: Counsel: J Reid (Applicant)

Solicitors: Concordia Legal (Applicant) A Seton, Marsdens Law Group (Respondent) File Number(s): 2018/113507 Publication restriction: No