JS Architects Pty Ltd v City of Parramatta Council [2023] NSWLEC 1578

Land and Environment Court New South Wales

Medium Neutral Citation: JS Architects Pty Ltd v City of Parramatta Council [2023] NSWLEC 1578 Hearing dates: 10 and 11 July 2023 Date of orders: 05 October 2023 Decision date: 05 October 2023 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The appeal is upheld. (2) Development application No. DA/145/2022 for demolition work, tree removal and construction of a multi-dwelling housing development comprised of 11 x 2 storey plus attic townhouse dwellings (4 of which are to be used as 'affordable housing') with basement car parking at Lot 10 DP9099 and Lot 9 DP9099, also known as 441 and 443 Wentworth Avenue, Toongabbie is determined by the grant of consent subject to the conditions set out in Annexure A. (3) Exhibits A, B, C, N and 10 are retained. The rest are returned. Catchwords: DEVELOPMENT APPLICATION – multi dwelling housing development – streetscape character compatibility – private open space suitability in light of bespoke design to accommodate stormwater management and tree retention – whether need for access lift to private open space in adaptable units – floor space ratio contravention Legislation Cited: Biodiversity Conservation Act 2016 Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Land and Environment Court Act 1979, s 39 Parramatta Local Environmental Plan 2011, cll 2.3, 4.4, 4.6 Parramatta Local Environmental Plan 2023, cl 1.8A Standard Instrument (Local Environmental Plans) Order 2006 State Environmental Planning Policy (Housing) 2021, ss 16,17,19, Pt 2 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.98 Cases Cited: Baron Corporation Pty Limited v Council of the City of Sydney [2019] NSWLEC 61 MacDonald v Mosman Municipal Council (1999) 105 LGERA 49;[1999] NSWLEC 215 NTL Australia Ltd v Willoughby Council [2000] NSWLEC 244 PJM Group Pty Ltd v The Hills Shire Council [2022] NSWLEC 1020 Texts Cited: Australian Standards AS 4299-1995 Adaptable Housing NSW Department of Infrastructure, Planning and Natural Resources, Seniors Living Policy: Urban Design Guidelines for Infill Development, March 2004 NSW Department of Planning, Development Near Rail Corridors and Busy Roads – Interim Guidelines, 2008 Land and Environment Court of NSW, Practice Note - Class 1 Development Appeals 2018 Parramatta Development Control Plan 2011 Category: Principal judgment Parties: JS Architects Pty Ltd (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: S Berveling (Applicant) M Harker (Respondent)