Rou v Parramatta City Council [2009] NSWLEC 1185

Land and Environment Court of New South Wales

CITATION : Rou v Parramatta City Council [2009] NSWLEC 1185

APPLICANT Jia Rou PARTIES : RESPONDENT Parramatta City Council

FILE NUMBER(S) : 10077 of 2009

CORAM: Hussey C

KEY ISSUES: DEVELOPMENT APPLICATION :- Dual occupancy development, compatibility with streetscape, access, traffic impacts

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Parramatta Local Environmental Plan 2001 Parramatta Development Control Plan 2005

DATES OF HEARING: 22 May 2009

EX TEMPORE JUDGMENT DATE : 22 May 2009

APPLICANT Mr R O'Gorman-Hughes (Barrister)

LEGAL REPRESENTATIVES: RESPONDENT Mr D Loether (Solicitor) SOLICITOR DLA Phillip Fox

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

25 May 2209

10077 of 2009 Jia Rou v Parramatta City Council This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT Background 1 This appeal was lodged against councils refusal of a DA for the demolition of an existing dwelling and construction of an attached 2-storey dual occupancy at 1 Wyuna Place, Oatlands. The application is also for the Torrens title subdivision of the development.

2 Insofar as a number of issues were raised initially, the applicant has responded with amendments to address these issues. In particular the height of the building has been reduced and there is a consequential reduction in the garage level of one of the units so as to achieve a satisfactory driveway gradient of the driveway. This concern arose because of the height of the building platform above the street.