Mr Mark Kassis v Parramatta City Council [2004] NSWLEC 262

Land and Environment Court of New South Wales

CITATION : Mr Mark Kassis v Parramatta City Council [2004] NSWLEC 262 APPLICANT PARTIES : Mr Mark Kassis RESPONDENT Parramatta City Council FILE NUMBER(S) : 10737 of 2003 CORAM: Watts C at 1 KEY ISSUES: Development Application :- Public interest and objectors' concerns Parramatta Local Environmental Plan 2001, (PLEP) - LEGISLATION CITED: Parramatta Development Control Plan 2001, (PDCP) - State Environmental Planning Policy No 65, (SEPP65)· - Environmental Planning and Assessment Act 1979, ss79C and 97 CASES CITED: DATES OF HEARING: 03/05/2004 EX TEMPORE 05/03/2004 JUDGMENT DATE :

APPLICANT Mr C McEwen, barrister, instructed by Mr N Velcic, solicitor SOLICITOR Nikola Velcic & Associates LEGAL REPRESENTATIVES: RESPONDENT Mr C C Gough, solicitor SOLICITOR Storey & Gough

JUDGMENT:

Appeal No: 10737 of 2003

Mr Mark Kassis 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 two existing dwellings and outbuildings on the land, to erect a mixed-use development, and to strata subdivide in Zone 10 at Lot 461, DP136036, and Lot 47, DP926 known as Nos 207 & 209 Woodville Road (Corner Derby Street). 2 I visited the land in company with the parties on the morning of the first day of the hearing and eleven residents gave evidence on the site inspection. 3 After being considered under the heads of s 79C of the Environmental Planning and Assessment Act 1979I have concluded that the application should succeed and conditional approval may be granted. 4 An extempore decision follows at paras 33-41 below. The land 5 The land is situated on the southeastern corner of Derby Street and Woodville Road, Merrylands. The land is rectangular with a frontage of 28.195m to Woodville Road, a depth of 47.51m along the southern boundary, a frontage of 42.67m to Derby Street and 31.19m on the eastern boundary with an area of 1447.3m2. 6 The land as a gradual fall from the southeastern corner to the northwestern corner of about 1.2m and stormwater may be gravity drained to Derby Street. 7 Erected on the land are two modest single-storey detached weatherboard dwellings and associated outbuildings. The existing buildings do not have heritage significance and there are few trees and vegetation on the land. Relevant planning controls Parramatta Local Environmental Plan 2001, (PLEP) 8 Under the PLEP the land is zoned Mixed Use 10 and the "mixed use" proposal would be permissible with consent. The land use table is cl 16 of the PLEP. 9 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.