Valore v Parramatta City Council [2007] NSWLEC 387

Land and Environment Court of New South Wales

CITATION : Valore v Parramatta City Council [2007] NSWLEC 387

APPLICANT Joseph Valore PARTIES : RESPONDENT Parramatta City Council

FILE NUMBER(S) : 11089 of 2006

CORAM: Hoffman C

KEY ISSUES: Development Application :- 2-storey dwelling and basement carpark, developing of sloping land, landscaping, streetscape, fences, building form and massing, building facade and articulation, private open space, visual and acoustic privacy, solar access, cross-ventilation, parking, special character area and neighbourhood character areas.

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

DATES OF HEARING: 19/04/2007 and 07/06/2007

EX TEMPORE JUDGMENT DATE : 7 June 2007

APPLICANT Mr D. Briggs, solicitor of Damian Briggs and Associates LEGAL REPRESENTATIVES:

RESPONDENT Mr C. Gough, solicitor of Storey and Gough

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

7 June 2007

11089 of 2006 Joseph Valore v Parramatta City Council

JUDGMENT 1 This is a Class 1 Appeal No. 11089 of 2006 between Joseph Valore and Parramatta City Council in regard to the deemed refusal of an application for a 2-storey house with basement car park, a high front fence and lych-gate or gatehouse on the front boundary, and a large flight of steps up to the 2-storey front porch, all within the front setback. The top of the flight of steps in the original plans was 4 m from the front boundary and the porch at 5 m, with the two-storey wall of the house at 6 m setback.