Jonvana Enterprises Pty Limited ACN 069 981 746 v Parramatta City Council [2004] NSWLEC 239

Land and Environment Court of New South Wales

CITATION : Jonvana Enterprises Pty Limited ACN 069 981 746 v Parramatta City Council [2004] NSWLEC 239 APPLICANT Jonvana Enterprises Pty Limited ACN 069 981 746 PARTIES : RESPONDENT Parramatta City Council FILE NUMBER(S) : 10604 of 2003 CORAM: Watts C at 1 KEY ISSUES: Development Application :- ·Position of the garbage store - Position of the footpath beside the deceleration lane - Privacy to the rear - Increase in local traffic in Chamberlain Street - Dilapidation report - Drainage - Potential loss of trees along the rear and·Disabled and loading access between floors. LEGISLATION CITED: Parramatta Local Environmental Plan 2001, (PLEP) - Parramatta Development Control Plan 2001, (PDCP) - State Environmental Planning Policy No 65, (SEPP65) - Environmental Planning and Assessment Act 1979, ss 79C, 97 CASES CITED: DATES OF HEARING: 14/04/2004 and 17/05/2004 DATE OF JUDGMENT: 05/17/2004

APPLICANT Mr P Zada, solicitor SOLICITOR Navado Chartered Accountants & Solicitors

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

JUDGMENT: Appeal No: 10604 of 2003 11

Jonvana Enterprises Pty Limited ACN 069 981 746 v Parramatta City Council

Judgment

1 This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979, against the deemed refusal by Parramatta City Council (the council) of a development application to demolish the existing dwellings and to erect a mixed-use development, at Lots 8, 9 & 10, Section 6, DP 4047, being Nos. 518-522 Woodville Road, Guildford. 2 I visited the land in company with the parties on the morning of the first day of the hearing. Residents gave evidence on the site inspection. 3 I have concluded that with the plans amended and the imposition of conditions that the application may be approved when considered under s 79C of the Environmental Planning and Assessment Act 1979 . The land 4 The land is situated on the western side of Woodville Road, between Henry Street and Rhodes Avenue, Guildford. 5 The land is rectangular in plan with a frontage of 45.47m to Woodville Road, a northern boundary of 79.175m, a western boundary of 45.725m and a southern boundary of 84.865m and an area of 3,729m2. 6 Erected on the land are three x single-storey dwelling houses with rear garages. The land slopes gently down to the northwestern corner. The following RL's give an indication of site slope: Northwestern corner: RL 45.24m; Northeastern corner: RL 44.92m; Southwestern corner: RL 46.00m; Southeastern corner: RL 48.33m. There is a cross fall of 3.41m over a distance of about 95m. 7 This part of Guildford is characterised by low-scale residential development in the form of mainly single-storey dwelling houses, although there are some substantial two-storey dwellings. 8 Woodville Road to the east, Guildford Road to the north, the railway line to the west and the Sydney Water Pipeline to the south define a small neighbourhood. 9 Public transport is available to the land. Bus routes are along Woodville Road service Parramatta and the suburbs to the south and west including Merrylands. The nearest railway station is Guildford, which is a bus-rail interchange on the main western railway line. Relevant planning controls Parramatta Local Environmental Plan 2001, (PLEP) 10 Under the PLEP the subject land is zoned Mixed Use 10. Under this zoning, the proposal would be "mixed use" and permissible with consent. The land use table is cl 16 of the PLEP. 11 The objectives of the Mixed Use 10 zone are: (a) to encourage a mix of compatible land uses, such as office and commercial, retail, residential, tourist, service, recreational, community and light industry development, but only where adjacent uses will not have an adverse impact on each other, and (b) to promote the development of the area to its maximum potential, while minimising environmental impacts of development by facilitating the use of public transport, bicycle and pedestrian facilities and services, and (c) to ensure that development is energy and water efficient in design, minimises pollution and conserves the natural and built landscape, and (d) to establish a highly attractive area to live and work in, and for recreational and tourist uses. Parramatta Development Control Plan 2001, (PDCP) 12 The relevant sections of the PDCP are: · Design Element 4.1.1- Energy Smart Buildings; · Design Element 4.1.2 - Waste Controls; and · Design Element 4.2.1- Housing Diversity.