Qian v Willoughby City Council [2020] NSWLEC 1069

Land and Environment Court New South Wales

Medium Neutral Citation: Qian v Willoughby City Council [2020] NSWLEC 1069 Hearing dates: 13-14 January 2020 Date of orders: 19 February 2020 Decision date: 19 February 2020 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted for Development Application No. 2018/185 seeking demolition of existing structures at 42-44 Elizabeth Street, Artarmon and construction of a 20 room boarding house with basement parking for 11 cars, subject to the conditions at Annexure 'A'. (3) All Exhibits are returned, except for Exhibits A, B, J and 6. Catchwords: DEVELOPMENT APPLICATION – boarding house development – Affordable Rental Housing – Artarmon heritage conservation area – character of local area Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Willoughby Local Environmental Plan 2012 Cases Cited: Elcheikh v Cumberland Council [2018] NSWLEC 1165 Texts Cited: Apartment Design Guide Willoughby Development Control Plan 2012 Category: Principal judgment Parties: Jun Qian (Applicant) Willoughby City Council (Respondent) Representation: Counsel: S Nash (Applicant) JP Merlino (Solicitor) (Respondent)