Karl J v Parramatta City Council [2005] NSWLEC 84

Land and Environment Court of New South Wales

CITATION : Karl J v Parramatta City Council [2005] NSWLEC 84

APPLICANT Jean Karl

PARTIES : RESPONDENT Parramatta City Council

FILE NUMBER(S) : 10934 of 2004

CORAM: Murrell C

KEY ISSUES: Appeal :- For the construction of a carport - setback - height - costs.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Development Control Plan (DCP)

DATES OF HEARING: 27/01/2005 EX TEMPORE JUDGMENT DATE : 01/27/2005

APPLICANT Mr M. Fraser, barrister SOLICITORS Lewarne & Goldsmith

LEGAL REPRESENTATIVES:

RESPONDENT Mr C. Gough, solicitor SOLICITORS Storey & Gough

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

27 January 2005

10934 of 2004 Jean Karl v Parramatta City Council

JUDGMENT 1 This appeal is for an application for a carport at the property known as 12 Wyralla Avenue, Epping.

2 The council today has agreed to an amended plan with the carport located at a minimum distance of 1.5 m from the front boundary and a reduction in the overall height by some 200 mm this is also agreed to by the applicant. The Court is of the view that the structure would have less impact if setback 1.5 m as opposed to being constructed on the front boundary and also the lowering of the height would be more appropriate in terms of its relationship with the dwelling house.