Naddaf v Parramatta City Council [2020] NSWLEC 1254

Land and Environment Court New South Wales

Medium Neutral Citation: Naddaf v Parramatta City Council [2020] NSWLEC 1254 Hearing dates: 14 May 2020 Date of orders: 16 June 2020 Decision date: 16 June 2020 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application No. 860/2018 for the demolition of existing structures and construction of an attached dual occupancy and Torrens Title subdivision at 2 Jeffrey Avenue, North Parramatta, is approved, subject to the conditions of consent at Annexure A. (3) The exhibits, other than Exhibits 1, 3, A, B and D, are returned. Catchwords: DEVELOPMENT APPLICATION — dual occupancy and Torrens Title subdivision – Contravention of the development standard for minimum allotment size for a dual occupancy development – locality identified as a special character area Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Parramatta Local Environmental Plan 2011 Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Parramatta Development Control Plan 2011 Category: Principal judgment Parties: Sam Naddaf (First Applicant) Dalal Naddaf (Second Applicant) Parramatta City Council (Respondent) Representation: Counsel: A Pickles SC (Applicants) I Woodward (Solicitor) (Respondent)