Sakoua and Anor v Parramatta City Council [2004] NSWLEC 349

Land and Environment Court of New South Wales

CITATION : Sakoua and Anor v Parramatta City Council [2004] NSWLEC 349 APPLICANTS R Sakoua and D Mousa PARTIES : RESPONDENT Parramatta City Council . FILE NUMBER(S) : 10987 of 2003 CORAM: Moore C Development Application :- KEY ISSUES: Privacy Solar access . LEGISLATION CITED: Environmental Planning and Assessment Act 1979 . Super Studio v Waverley [2004] NSWLEC 91; CASES CITED: Kawkab Nassif v Holroyd City Council [2004] NSWLEC 226; . DATES OF HEARING: 1 April and 10 June 2004 EX TEMPORE 06/10/2004 JUDGMENT DATE :

First applicant in person

LEGAL REPRESENTATIVES: RESPONDENT Mr C Gough, solicitor Storey & Gough

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C

10 June 2004

03/10987 R SAKOUA AND ANOR v PARRAMATTA CITY COUNCIL

JUDGMENT

1 COMMISSIONER: This was an appeal pursuant to s 97 of the Environmental Planning and Assessment Act 1979 against the refusal on 8 August 2002 by Parramatta City Council (the council) of Development Application 00560 of 2000 for the demolition of existing dwellings and the construction of, on the amended plans, eleven villas at a number of sites in Pioneer Street Wentworthville, they being numbers 12a, 14 and 16 of the street.

2 During the course of the proceedings, I had the opportunity to inspect the site in company with the parties and their advisers and hear the evidence of a number of the resident objectors - including the immediate neighbours to the site. I have also received a bundle of written submissions that were provided by a number of those attending on site in response to the amended plans.