MGB Developments v Parramatta City Council [2008] NSWLEC 51

Land and Environment Court of New South Wales

CITATION : MGB Developments v Parramatta City Council [2008] NSWLEC 51

APPLICANT MGB Developments Pty Limited PARTIES : RESPONDENT Parramatta City Council

FILE NUMBER(S) : 10984 of 2007

CORAM: Brown C

KEY ISSUES: Development Application :- construction of a multi unit housing development - bulk,scale - streetscape

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 6/02/08

DATE OF JUDGMENT: 12 February 2008

APPLICANT Mr M Seymour, barrister SOLICITORS Matthews Folbigg Pty Ltd LEGAL REPRESENTATIVES: RESPONDENT Mr P Marincowitz, solicitor SOLICITORS DLA Phillips Fox

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

12 February 2008

10984 0f 2007 MGB Developments Pty Limited v Parramatta City Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal of Development Application DA 1140/2006 by Parramatta City Council (the council) for the construction of a multi unit housing development at 425 Wentworth Avenue, Toongabbie (the site).

The site and surrounding area 2 The site has a western street frontage to Wentworth Avenue of 41.6 m, an eastern rear boundary of 40.285 m, a northern side boundary of 60 m and a southern side boundary of 49.43 m giving a total site area of 2203.3 sq m. 3 The land is currently vacant with no significant trees. There is a slight fall from the Wentworth Ave frontage to the rear of the site. The area is predominantly residential in nature with a mix of older style single dwelling residential development, multi unit housing development and dual occupancy development.