Achi Constructions Pty Limited v Parramatta City Council [2014] NSWLEC 1251

Land and Environment Court New South Wales

Medium Neutral Citation: Achi Constructions Pty Limited v Parramatta City Council [2014] NSWLEC 1251 Hearing dates: 3-4 December 2014 Decision date: 09 December 2014 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: Development Application: Residential Flat Building Legislation Cited: Parramatta Local Environmental Plan 2011; State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004; State Environmental Planning Policy No. 65 - Design Quality of Residential Flat Development (SEPP65) Texts Cited: Parramatta Development Control Plan 2011; Residential Flat Design Code Category: Principal judgment Parties: Achi Constructions Pty Limited (Applicant) Parramatta City Council (Respondent) Representation: Ms J Wauchope Gadens Lawyers (Applicant)

Mr A Gough Storey & Gough (Respondent) File Number(s): 10431 of 2014

Judgment 1Achi Constructions Pty Limited sought consent from Parramatta City Council for Development Application DA/427/2013 that proposed the construction of a residential flat building at 66-68 Park Road, Rydalmere. The council refused consent and Achi is appealing that decision. 2The contentions have been resolved through the submission of amended plans and the parties are seeking Consent Orders from the Court.

The site and its context 3The site comprises two adjoining allotments located on the western side of Park Road, Rydalmere between Pine and Wattle Streets. It has a combined frontage of 30.48m, depth of 45.71m and site area of 1,392.4sqm. 4Single storey dwelling houses with detached outbuildings are sited on each lot. All site improvements would be demolished should consent be granted. 5The site contains no significant vegetation and has a fall towards the northern boundary of approximately 1.2m. 6The area surrounding the site is characterised by a diverse mix of land uses, including low and medium density residential, commercial and community uses. Land uses in the vicinity of the site in addition to residential include a hotel and its carpark which immediately adjoins the southern and part of the western boundary of the site (behind No 66), a child care centre adjoins the northern portion of the western boundary (behind No 68), a primary school, a place of worship, neighbourhood shops and community facilities. A single storey dwelling abuts the northern boundary and to the north of that dwelling is a dwelling that is an Heritage Item of local significance.