Environa Studio v Parramatta City Council [2006] NSWLEC 152

Land and Environment Court of New South Wales

CITATION : Environa Studio v Parramatta City Council [2006] NSWLEC 152

APPLICANT Environa Studio PARTIES : RESPONDENT Parramatta City Council

FILE NUMBER(S) : 11390 of 2005

CORAM: Brown C

KEY ISSUES: Development Application :- demolition of existing dwelling and erection of a townhouse development - inclusion of attics and balconies - bulk/scale - side setback

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Parramatta Local Environmental Plan 2001

DATES OF HEARING: 30/03/06

EX TEMPORE JUDGMENT DATE : 03/30/2006

APPLICANT Ms J Reid, solicitor SOLICITORS Pike Pike and Fenwick LEGAL REPRESENTATIVES: RESPONDENT Mr P Marincowitz, solicitor SOLICITORS Phillips Fox

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

30 March 2006

11390 of 2005 Environa Studio v Parramatta City Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal of Development Application DA/322/2005 by Parramatta City Council (the council) for the demolition of existing dwelling and erection of a townhouse development at 6 Carson St., Dundas (the site).

2 The appeal was heard as an On Site Hearing on 30 March 2006 and the judgement reflects the findings given on site. The site and surrounding area 3 The site is Lot 23 in DP 775. It is rectangular in shape and with front and rear boundaries of 20.1 metres and side boundaries of 60.4 metres giving a total site area of 1211 square metres. It has a slope of approximately 11 metres from rear to front.