Denis v Parramatta City Council; [2011] NSWLEC 1201

Land and Environment Court New South Wales

Medium Neutral Citation: Denis v Parramatta City Council; [2011] NSWLEC 1201 Hearing dates: 29 June 2011 Decision date: 15 July 2011 Jurisdiction: Class 1 Before: Hussey C Decision: Preliminary findings Catchwords: Section 96 Modification - Internal partitioning to an existing male social club, substantially the same, intensification of use, parking, disabled access, BCA compliance. Section 121B Order; To remove unauthorised internal partitioning Legislation Cited: Environmental Planning and Assessment Act 1979 Sydney Regional Environmental Plan No 28 - Parramatta Draft Parramatta Local Environmental Plan 2010 Cases Cited: Moto Projects (No 2) Pty Ltd v North Sydney Council [1999] NSWLEC 280 Category: Procedural and other rulings Parties: Allan Denis v Parramatta City Council Theo Enterprises Pty Ltd v Parramatta City Council Representation: Counsel Mr J Doyle (Barrister for the Applicant) Solicitors Mr A Seton (Solicitor for the Respondent) File Number(s): 10292 of 2011 and 10716 of 2010

Judgment Background 1These proceedings relate to a property located at 17 - 19 Bridge Road Rydalmere and comprise the following two appeals, which were considered concurrently: * Appeal No 10292/11; an appeal against council's refusal of a s96 application to modify an existing development consent for the use of the premises as a health, recreation and social centre for males, and * Appeal No 10716/10; an appeal against a section 121B Order requiring the demolition of unauthorised partitioning within the building. 2There is a three storey building on the site, which has a total site area of 1040 sq m and is located within an industrial estate. It has a 24.4 m frontage to Bridge Road and backs onto Subiaco Creek. The building comprises three operational levels and has its main entry at the rear of the building adjacent to the car park. 3The development consent to operate as a male social club was granted by consent orders in August 2004, subject to conditions including: * 23 on-site car spaces to be provided, * The proposed recreation facility to be operated in accordance with the submitted Plan of Management, * Restricted entry to persons under the age of 18 years, * The premises are permitted to operate 24 hours a day, 7 days a week. 4The proposed modification application has been submitted to obtain approval for various building/partitioning works that have been completed as follows: * Level 1: The original "coffee/lounge" area has been reduced and modified to include a "moveable stage" area to be used for displays; * Level 2: The internal floor layout has been altered from approximately ten general public type rooms (eg 'TV rooms') to eighteen smaller rooms identified as "booths" with 2.4 m high partition walls. Other partitioning has been erected so as to create a "maze-like" corridor system. * Level 3: Substantial internal partitioning has been included resulting in the removal of the large "general purpose room" and creation of twenty-seven smaller rooms/booths. Also, two offices have been altered and relocated. 5Insofar as a number of issues were identified initially, these were reduced following the provision of further details, so that the main issues concern whether the proposal relates to substantially the same development approved, the perceived intensification of use arising from the internal works and the associated impact on parking requirements. Secondary issues of BCA compliance and disabled access were also raised.