Formzen Pty Limited v Inner West Council

Land and Environment Court

New South Wales

Medium Neutral Citation:	Formzen Pty Limited v Inner West Council [2018] NSWLEC 1645
Hearing dates:	19 November 2018
Date of orders:	14 December 2018
Decision date:	14 December 2018
Jurisdiction:	Class 1
Before:	Smithson C
Decision:	(1)   The appeal is upheld; (2)   Development Application 10.2017.039.1 for demolition of existing buildings and construction of an infill affordable housing development at 24-24A Cecil Street, Ashfield is approved subject to the conditions set out in Annexure “A”; (3)   The exhibits are returned other than Exhibits A, B, F, 1 and 6.
Catchwords:	DEVELOPMENT APPLICATION: affordable housing; overdevelopment; bulk and scale; built form; infill development; compatibility with the character of the local area; urban design considerations; aural and visual privacy impacts; landscaping and open space; amenity for future occupants; disputed conditions; public interest
Legislation Cited:	Ashfield Local Environmental Plan 2013 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development
Cases Cited:	Davies v Penrith City Council [2013] NSWLEC 1141 Project Venture Developments v Pittwater Council [2005] NSWLEC 191
Texts Cited:	Apartment Design Guide Australian Standard AS4299 (Adaptable Housing) 1995 Inner West Council Comprehensive Development Control Plan 2016 Urban Tree Canopy Guide (Draft) 2018 (NSW Government Architect)
Category:	Principal judgment
Parties:	Formzen Pty Limited (Applicant) Inner West Council (Respondent)
Representation:	Solicitors: G McKee, McKees Legal Solutions (Applicant) S Turner, Inner West Council (Respondent)
File Number(s):	2017/346911
Publication restriction:	No

Judgment

1. COMMISSIONER: This appeal, lodged pursuant to the provisions of former s 97(1)(a), now s 8.7(1), of the Environmental Planning and Assessment Act1979 (the Act), is against the refusal by Inner West Council (the Council) of Development Application 10.2017.039.1 (the application). The application is for the demolition of existing buildings and construction of a 4 storey affordable housing development at 24-24A Cecil Street, Ashfield (the site).

2. The site comprises two allotments which are legally described as Lots 151 and 152 in DP 531353. It is situated on the northern side of Cecil Street, has an area of 929m², a frontage of 15.24m and a depth of 60.96m. The site currently contains a semi-detached dwelling house and outbuildings.

3. The site is adjoined on its eastern and western (side) boundaries, as well as opposite, by 3 storey residential flat buildings (RFBs). The area otherwise is characterised by low to medium density dwellings.

4. The application lodged with the Council in March 2017 proposed to demolish the existing structures and erect ‘in-fill affordable housing’ as that use is referenced in Division 1 of Part 2 of State Environmental Planning Policy (Affordable Rental Housing) 2009 (the SEPP-ARH). The development contained 20 dwellings above a basement car park.

5. The application was notified and 8 objections were received. Concerns raised included the 4 storey height, inadequate rear setback, lack of street parking, noise, attraction of an undesirable and transient population, decreased property values, the number of affordable dwellings and boarding houses…