Environa Studio v Parramatta CC [2006] NSWLEC 251

Land and Environment Court of New South Wales

CITATION : Environa Studio v Parramatta CC [2006] NSWLEC 251

APPLICANT Environa Studio PARTIES : RESPONDENT Parramatta City Council

FILE NUMBER(S) : 11357 of 2005

CORAM: Bly C

KEY ISSUES: Development Application :- Demolition of dwelling houses, removal of trees, construction of multi-unit housing development, neighbour amenity, characte of neighbourhood, traffic and parking.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Parramatta Local Environmental Plan 2001 State Environmental Planning Policy No. 1 - Development Standards

CASES CITED: Deller Homes v Sutherland 2004 NSWLEC 66

DATES OF HEARING: 08/05/2006

EX TEMPORE JUDGMENT DATE : 05/08/2006

APPLICANT Ms J. Reid, solicitor of Pike Pike and Fenwick

LEGAL REPRESENTATIVES: RESPONDENT Mr Pickup, solicitor instructed by Storey & Gough Solicitors

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

8 May 2006

11357 of 2005 Environa Studio v Parramatta City Council This decision was given extemporaneously on site. It has been revised and edited prior to publication.

JUDGMENT 1 This appeal relates to Development Application No. 1427/2004 which is for the demolition of two existing dwelling houses, the removal of a number of trees and the construction of a multi-unit housing development containing six town houses with a basement carpark. The basement carpark contains 13 carparking spaces. The townhouses are contained effectively within two buildings above the basement carpark and are each essentially two storeys in height. The site has a north-east/south-west orientation and the development contains private courtyards for each of the town houses on the north eastern side of each of the dwellings.