Revelop Projects Pty Limited v Parramatta City Council [2012] NSWLEC 1195

Land and Environment Court New South Wales

Medium Neutral Citation: Revelop Projects Pty Limited v Parramatta City Council [2012] NSWLEC 1195 Hearing dates: 30, 31 May 2012 Decision date: 23 July 2012 Jurisdiction: Class 1 Before: Hussey C Decision: Appeal dismissed Catchwords: DEVELOPMENT APPLICATION - demolition of existing dwelling and construction of four (4) x two-storey townhouses, weight to be given to draft LEP, compatibility with area, amenity Legislation Cited: Parramatta Local Environmental Plan 2001 Parramatta Local Environmental Plan 2011 Parramatta Development Control Plan 2005 State Environmental Planning Policy No 5 - Housing for Older People or People with a Disability Cases Cited: Blackmore Design Group Pty Ltd v North Sydney Council [2001] NSWLEC 279 Bris v Parramatta City Council [2012] NSWLEC 1047 Terrace Tower Holdings Pty Ltd v Sutherland Shire Council (2003) NSWCA 289 Category: Principal judgment Parties: Revelop Projects Pty Limited (Applicant)

Parramatta City Council (Respondent) Representation: Solicitors Mr M Arch (Applicant) Concordia Pacific

Mr I Woodward (Respondent) Storey & Gough Lawyers File Number(s): 10177 of 2012

Judgment

Background 1This appeal was lodged against council's refusal of a development application for four (4) x two-storey townhouses located at 247 Kissing Point Road, Dundas. The contentions identified for the appeal are summarised as follows: * Weight to be given to Parramatta Local Environmental Plan 2011 provisions * Impact on the amenity of the area * Streetscape impacts relative to consistency with the desired future character of the area * Adequacy of deep soil planting area * Design elements * Disabled access * Public interest