Raouf and Rita Hanna v Parramatta City Council [2004] NSWLEC 175

Land and Environment Court of New South Wales

CITATION : Raouf and Rita Hanna v Parramatta City Council [2004] NSWLEC 175 PARTIES : Raouf and Rita Hanna v Parramatta City Council FILE NUMBER(S) : 11057 of 2003 CORAM: Brown C KEY ISSUES: Development Application :- Demolition of existing improvements - solar access - landscaping streetscape/character - rear setback - building separation - overlooking - carpark access - attics LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Parramatta Local Environmental Plan 2001 CASES CITED: DATES OF HEARING: 05-06/04/04 DATE OF JUDGMENT: 04/28/2004

APPLICANT Mr Bruce Goldsmith, agent

LEGAL REPRESENTATIVES: RESPONDENT Mr J Johnson, barrister SOLICITORS Storey and Gough

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

11057 of 2003

Brown C

28 April 2004 Raouf and Rita Hanna (previously Lamada Construction Pty Limited) Applicant

v Parramatta City Council Respondent

Judgment

. Introduction 1 . This is an appeal against the refusal by Parramatta City Council (the council) of Development Application 03/1340 for the demolition of all existing structures and the erection of a multi unit housing development at 509 and 511 Wentworth Avenue, Toongabbie (the subject site).

2 . I record that a view of the subject site and surrounding area was undertaken on the morning of the first day of the hearing with representatives from both parties.

3 . During the proceedings, an application was made, and accepted by the Court to change the name of the applicant from Lamada Construction Pty Limited to Raouf and Rita Hanna, the registered owners of the subject site.