Houteas S v Parramatta City Council [2006] NSWLEC 749

Land and Environment Court of New South Wales

CITATION : Houteas S v Parramatta City Council [2006] NSWLEC 749

APPLICANT: PARTIES : Mr Spiro Houteas RESPONDENT: Parramatta City Council

FILE NUMBER(S) : 10607 of 2006

CORAM: Watts C at 1

KEY ISSUES: Development Application :- Bulk and scale of development on Woodville Road, Vehicular safety and privacy

Parramatta Local Environmental Plan 2001, (PLEP) LEGISLATION CITED: Parramatta Development Control Plan 2001, (PDCP) Environmental Planning and Assessment Act 1979, ss79C and 97

DATES OF HEARING: 29/11/2006

EX TEMPORE JUDGMENT DATE : 11/29/2006

APPLICANT: Dr S M Berveling, barrister instructed by Mr L McMahon, solicitor SOLICITORS: LEGAL REPRESENTATIVES: MatthewsFolbigg RESPONDENT: Mr P Marincowitz, solicitor SOLICITORS: DLA Phillips Fox

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Watts C

29 November 2006

10607 of 2006 - Spiro Houteas v Parramatta City Council

JUDGMENT

1 This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979, against the decision of the Parramatta City Council (the council) to refuse a development application to demolish the existing buildings on the land and to erect a three (3) storey mixed-use development, including ground floor motor showroom and fourteen (14) residential units with basement carparking at Nos 290A-294 Woodville Road, Guildford, being Lot 71, DP 128916; Lot 6, Sec 3, DP 990 and Lot 5, Sec 3, DP 990. 2 I visited the land in company with the parties on the morning of the hearing and I heard from local residents. 3 I have concluded that the application may be approved after consideration of it under the heads of s 79C of the Environmental Planning and Assessment Act 1979. The land 4 The land is situated on the corner of Woodville Road and McArthur Street and has a 37.3m frontage to Woodville Road, a frontage of 45.7m to McArthur Street and an area of 1,709.2m2. 5 Two (2) of the subject lots are vacant and the remaining lot at No 294 Woodville Road has erected upon it a single-storey residence. The land is flat. Woodville Road is noisy, polluted and heavily trafficked arterial road. 6 Low-scale commercial/retail activities and single dwellings characterise the locality. Relevant planning controls Parramatta Local Environmental Plan 2001, (PLEP) 7 Under the provisions of the PLEP the land is zoned Centre Business 3a and the proposal is permissible with consent. The council maintains that the proposed development would be consistent with the objectives of the zoning. Parramatta Development Control Plan 2001, (PDCP) 8 The relevant provisions of the PDCP are: · Part 4.1.1 - Energy smart buildings; · Part 4.1.2 - Waste controls; · Part 4.1.3 - Water management; · Part 4.1.4 - Soil management; · Part 4.1.7 - Landscaping and soft soil; · Part 4.1.8 - Residential subdivision; · Part 4.2.1 - Housing diversity and choice; · Part 4.3.1 - Visual privacy; · Part 4.3.2 - Safety & security; · Part 4.3.5 - Vehicular access, parking and circulation; · Part 4.4.2 - Height limits and floor space ratios; · Part 4.4.2 - Building form; · Part 4.4.4 - Materials and colours; · Part 4.4.5 - Cross ventilation; · Part 4.4.6 - Open space; and · Part 5.7 – Mixed-use development. The proposal and its history 9 Development application No DA1445/2004 was lodged with the respondent council on 23 November 2004 to demolish the existing buildings on the land and to erect a three (3) storey mixed-use development. Notification 10 The application was notified to nearby owners and occupants between 19 January 2005 to 9 February 2005 with notification letters sent to adjoining and nearby property owners and the council received four submissions. These submissions contained objections to the proposal from: · B R Gray of No 31 Park Street, Merrylands; · B R Benson of No 321 Woodville Road, Guildford; · Mark and Valda McMullen of No 34 Constance Street, Guildford; and · G J Quinn of No 19 McArthur Street, Guildford.