Chen v Cumberland Council [2019] NSWLEC 1375

Land and Environment Court New South Wales

Medium Neutral Citation: Chen v Cumberland Council [2019] NSWLEC 1375 Hearing dates: 23-24 July 2019 Date of orders: 09 August 2019 Decision date: 09 August 2019 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) Leave is granted to rely on amended plans (Ex D) with no order as to costs. (2) The appeal is dismissed. (3) Development Application No DA394/2017 for a four storey boarding house at Lot A in DP 344516 known as 1 Kane Street, Guilford is refused consent. (4) The exhibits, other than Exhibits 2, 6, B, and D, are returned. Catchwords: DEVELOPMENT APPLICATION – boarding house – visual and physical character compatibility – amenity – parking – landscaping Legislation Cited: Environmental Planning and Assessment Act 1979 Holroyd Local Environmental Plan 2013 State Environmental Planning Policy (Affordable Rental Housing) 2009 Cases Cited: FFS Canterbury Pty Ltd v Canterbury-Bankstown Council [2017] NSWLEC 1145 Osborne v Woollahra Municipal Council [2013] NSWLEC 1264 Project Venture Developments v Pittwater Council (2005) 141 LGERA 80;[2005] NSWLEC 191 The Benevolent Society v Waverley Council [2010] NSWLEC 1082 Texts Cited: Apartment Design Guide Holroyd Development Control Plan 2013 Category: Principal judgment Parties: Yingsong (Billy) Chen (Applicant) Cumberland Council (Respondent) Representation: Counsel: N Eastman (Applicant)