Chan v City of Canada Bay Council [2019] NSWLEC 1530

Land and Environment Court New South Wales

Medium Neutral Citation: Chan v City of Canada Bay Council [2019] NSWLEC 1530 Hearing dates: 22 October 2019 Date of orders: 05 November 2019 Decision date: 05 November 2019 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application No. 2018/0139 for alterations and additions to an existing dwelling and the construction of a three storey building to the rear and use of the existing and new buildings as a boarding house with 7 boarding rooms at 97 St Georges Crescent, Drummoyne is approved, subject to the conditions of consent at Annexure A. (3) The exhibits, other than Exhibits A, B and 2, are returned. Catchwords: DEVELOPMENT APPLICATION – boarding house – whether the proposal is compatible with the character of the local area – the proposal does not meet the parking standard – overshadowing of adjoining property – impact on views across the site – amenity of boarding rooms – vicinity of heritage conservation areas and impact on setting – management of tandem car parking Legislation Cited: Canada Bay Local Environmental Plan 2013 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 Texts Cited: City of Canada Bay Development Control Plan Category: Principal judgment Parties: See Ching Chan (Applicant) City of Canada Bay Council (Respondent) Representation: Counsel: I Hemmings SC (Applicant) S Kondilios (Solicitor) (Respondent)