D - Studio Architects Pty Ltd v Parramatta City Council [2011] NSWLEC 1042

Land and Environment Court New South Wales

Medium Neutral Citation: D - Studio Architects Pty Ltd v Parramatta City Council [2011] NSWLEC 1042 Hearing dates: 16/11/10, 12/11/10, 1/12/10, 22/1/11 Decision date: 11 February 2011 Jurisdiction: Class 1 Before: Hussey C Decision: Preliminary findings made Catchwords: Development application; multi unit housing; consistency with desired future character, streetscape, internal amenity, landscaping, public interest Legislation Cited: EP & A Act 1979 Parramatta LEP 2001 (PLEP) Draft Parramatta LEP 2010(DLEP) Parramatta DCP 2005 (PDCP) Cases Cited: Blackmore Design Group Pty Ltd v Norlh Sydney Council [2001] NSWLEC 279 Terrace Tower Holdings Pty Ltd v Sutherland Shire Council (2003) NSWCA 289 Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Dipper & Ors v Pittwater Council [2006] NSWLEC 273 Category: Procedural and other rulings Parties: D - Studio Architects Pty Ltd (Applicant) Parramatta City Council (Respondent) Representation: Ms S Duggan SC (Applicant) Conomos Legal (Applicant)

Mr T Pickup Storey and Gough (Respondent) File Number(s): 10537 of 2010

Judgment

Background 1This appeal was lodged against council's refusal of a development application for the demolition of 2 existing dwellings located at 25 and 27 Dixmude Street, South Granville to facilitate the subsequent construction of a multi-unit housing development containing 22 town houses comprising: * 3 x 2 bedroom townhouses, * 12 x 3 bedroom town houses, * 7 x 4 bedroom townhouses. 2The front 4 townhouses and 3 rear facing townhouses are 2 - storeys in height with the remainder of the townhouses being single storey with attics containing 2 bedrooms. Most of the units have skylights to complement solar access to the living areas. The development includes basement car parking for 41 vehicles. The entry driveway is 6m wide, centrally located and offset approximately 15m from the side boundaries. 3A number of issues were identified which are summarised as follows: * The weight to be given to the Draft LEP; * Consistency with desired future character; * Streetscape impact; * Internal amenity related to separation between buildings, solar access and safety and security; * Adequacy of open space provision; * Waste management; * Public interest matters raised by objectors, including excessive bulk and scale of the development, privacy impacts and traffic impacts in Dixmude Street. 4It is of some interest in this matter that on 11 September 2008 council granted deferred commencement consent for the construction of 14 townhouses, with basement parking at 27 Dixmude Street. The deferred conditions have been satisfied and the consent is operative. That consent included a basement garage with similar entry arrangements to the current proposal. 5Subsequently in 2009, the applicant lodged another development application in respect of both No 25 and 27, proposing the construction of 23 townhouses with basement carparking for 48 vehicles. This was withdrawn.