Nour v Parramatta City Council [2006] NSWLEC 805

Land and Environment Court of New South Wales

CITATION : Nour v Parramatta City Council [2006] NSWLEC 805

APPLICANT Sinan Nour PARTIES : RESPONDENT Parramatta City Council

FILE NUMBER(S) : 11371 of 2005

CORAM: Hussey C

KEY ISSUES: Development Application :- Construction of 2 storey commercial building including child care centre, building compatibility, streetscape, road capacity, parking

LEGISLATION CITED: Environmental Planning and Assessment Act Parramatta Local Environmental Plan 2001

DATES OF HEARING: 15/11/2006

EX TEMPORE JUDGMENT DATE : 11/15/2006

APPLICANT Ms G Furness, barrister SOLICITORS Mathews Folbigg LEGAL REPRESENTATIVES:

RESPONDENT Mr P Marinowitz, solicitor SOLICITORS Phillips Fox

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

15 November 2006

11371 of 2005 Sinan Nour v Parramatta City Council

JUDGMENT This decision was given extemporaneously and has been revised and edited prior to publication.

Background 1 This appeal was lodged against council's refusal of a development application for the demolition of an existing dwelling and construction of a 2/3-storey commercial building, including a 30 place child-care centre on the ground floor at 25 Talbot Road, Guildford.

2 A number of issues were initially identified, which can be summarised as: o consistency of the proposal with the heritage context of the surrounding area, o streetscape impacts, o impact on existing vegetation, o traffic impacts in terms of the capacity of the existing road network to accommodate additional traffic generation from the development, o adequacy and arrangement of on-site parking spaces, o public interest considerations.