Carver Place Developments v Parramatta CC [2006] NSWLEC 563

Land and Environment Court of New South Wales

CITATION : Carver Place Developments v Parramatta CC [2006] NSWLEC 563

APPLICANT Carver Place Development Pty Limited PARTIES : RESPONDENT Parramatta City Council

FILE NUMBER(S) : 10165 of 2006

CORAM: Murrell C

KEY ISSUES: Appeal :- Refusal of an application to modify a consent issued by Council in July 2005, access way, landscaping, height and bulk of the proposal, visual impact and parking, streetscape.

DATES OF HEARING: 29/05/2006 and 12/07/2006 for Preliminary Judgment

EX TEMPORE JUDGMENT DATE : 07/12/2006

APPLICANT Mr A. Pickles, barrister

LEGAL REPRESENTATIVES: RESPONDENT Mr P. Merancowitz, solicitor of Phillips Fox

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

29 May 2006

10165 of 2006 Carver Place Development Pty Limited v Parramatta City Council

JUDGMENT 1 This is an appeal under s 96 of the Environmental Planning and Assessment Act against Parramatta City Council's refusal of an application to modify a consent issued by the council in July 2005. The subject property is known as Nos. 10 to 12 Carver Place, Dundas Valley.

2 The conditions in question relate to the access way from the street through to the reserve, the removal of a Deodar tree and the deletion of attics to the townhouses.

3 The council consented to a development application for the erection of 18 townhouses with the majority having an attic roof and accommodation in the form of a bedroom and en-suite. (There is a slight variation to that format). Two of the townhouses for example only show store areas, and then there are two townhouses that do not show any dormers at all. The council no longer presses the retention of the Deodar tree, and in fact council has advised this morning that the Deodar tree was previously approved for removal. The Court agrees that the Deodar should not be required to be retained in the overall development, and that a more appropriate species of a canopy tree could be accommodated to replace the Deodar.