Younes v Parramatta City Council [2008] NSWLEC 43

Land and Environment Court of New South Wales

CITATION : Younes v Parramatta City Council [2008] NSWLEC 43

APPLICANT John Younes PARTIES : RESPONDENT Parramatta City Council

FILE NUMBER(S) : 11183 of 2007

CORAM: Brown C

KEY ISSUES: Appeal :- modification of consent - imposition of condition of approval - impact on heritage item

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 31/01/08

EX TEMPORE JUDGMENT DATE : 31 January 2008

APPLICANT Mr P O'Brien, solicitor SOLICITORS Harris & Company LEGAL REPRESENTATIVES: RESPONDENT Mr P Marincowitz, solicitor SOLICITORS DLA Phillips Fox

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

31 January 2008

11183 of 2007 John Younes v Parramatta City Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal by Parramatta City Council (the council) of an application (Application DA/994/2006/A) to modify the approval of Development Application DA/994/2006 to construct a second dwelling to create a detached dual occupancy development. The application also provides for the Torrens Title subdivision of the two dwellings and alterations to the existing dwelling at 2 Prince Street, North Parramatta (the site).

2 The proceedings were originally set down as a Court Hearing however with the agreement of the parties the proceedings were heard as an On Site Hearing. The judgement reflects the findings in given on-site and to the relevant parts of the Statement of Facts and Contentions. 3 The modification application sought the deletion of condition 5 which states: 5. The usable space on the first floor to be removed and the roof pitch be redesigned so as to ensure it being a one level single dwelling. Reason: To ensure that the primary focus on the heritage property. 4 The site is Lot 2 in DP 979533. It has a width of 16.76 m, a depth of 45.72 m and a site area role of 770.185 sq m. There is an existing dwelling and freestanding garage on the site. The surrounding area consists of largely of single storey residential development, including a number of residential properties identified as items of local heritage significance.