Lam v Ashfield Council [2015] NSWLEC 1195

Lam v Ashfield Council [2015] NSWLEC 1195

The further amended plans address most objections, but the rear flat-roofed three storey element is inconsistent with the character of the area, failing the 'character test' in cl. 30A SEPP ARH and critical FSR objectives in ALEP. When amended to include a pitched roof, reducing rooms and residents, and subject to conditions ensuring amenity and compliance, the development achieves acceptable harmony and impacts. Therefore, the appeal is upheld and approval granted for the revised proposal.

Jurisdiction
Australia
Judgment Date
13 May 2015
Procedural Posture
Appeal / Judgment/post Hearing
Outcome
Appeal upheld
Legal Topics
['development Applications' 'boarding Houses' 'character of Local Area' 'floor Space Ratio' 'heritage Conservation' 'amenity Impacts' 'parking' 'environmental Planning Policy']
['planning and Environment'] ['development Applications' 'boarding Houses' 'character of Local Area' 'floor Space Ratio' 'heritage Conservation' 'amenity Impacts' 'parking' 'environmental Planning Policy']

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Procedural Posture

Appeal / Judgment/post Hearing

Legal Issues

  1. 1 ['Whether the development is compatible with the character of the local area under cl. 30A SEPP ARH' 'Whether the proposal satisfies the objectives of the Floor Space Ratio development standard in ALEP' 'Whether physical and visual impacts on surrounding properties are acceptable' 'Adequacy of parking and compliance with SEPP ARH' 'Provision of amenities and impact on neighbouring properties']

Ratio Decidendi

The further amended plans address most objections, but the rear flat-roofed three storey element is inconsistent with the character of the area, failing the 'character test' in cl. 30A SEPP ARH and critical FSR objectives in ALEP. When amended to include a pitched roof, reducing rooms and residents, and subject to conditions ensuring amenity and compliance, the development achieves acceptable harmony and impacts. Therefore, the appeal is upheld and approval granted for the revised proposal.

Court Disposition

Appeal upheld

Orders

  • ['Development Application No. DA10.2014.224.1 approved for demolition and construction of a boarding house with 11 rooms and a maximum of 15 residents at 14 Elizabeth Street, Ashfield, subject to Conditions of Consent.' 'The exhibits are returned.']