Bird & anor v Parramatta City Council [2015] NSWLEC 1046

Land and Environment Court New South Wales

Medium Neutral Citation: Bird & anor v Parramatta City Council [2015] NSWLEC 1046 Hearing dates: 18 – 19 December 2014 Date of orders: 16 March 2015 Decision date: 06 February 2015 Jurisdiction: Class 1 Before: Fakes C Decision: Appeal upheld subject to conditions and the filing of amended plans Catchwords: DEVELOPMENT APPLICATION; dwelling on battle axe block; height, setbacks, impact on adjoining properties Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Parramatta Local Environmental Plan 2011 Cases Cited: Davies v Penrith City Council [2013] NSWLEC 1141 North Sydney Council v Ligon 302 Pty Ltd (No. 2) 93 LGERA 23 Pafburn v North Sydney Council [2005] NSWLEC 444 Peter Campton v Parramatta City Council [2011] NSWLEC 1360 Zhang v Canterbury City Council [2001] NSWCA 167 Category: Principal judgment Parties: David Bird and Pater Campton (Applicants) Parramatta City Council (Respondent Representation: Counsel: Applicants: Ms J Reid (Barrister) Respondent: Mr A Gough (Solicitor)

Solicitors: Applicants: Pikes Verekers Respondent: Storey & Gough File Number(s): 10785 of 2014

Judgment 1. COMMISSIONER: In 2011, I approved a 3 lot subdivision of Lot 45 DP 5792 – 54-56 Epping Avenue, Epping. The matter now before the Court considers Parramatta City Council's refusal of Development Application DA/83/2014 for tree removal and the construction of a two storey dwelling on Lot 3 DP 112522, 54A Epping Avenue, Epping – a lot created by the subdivision. 2. The appeal is made under s 97(1) of the Environmental Planning and Assessment Act 1979 (the Act). 3. The matter commenced as a mandatory conciliation under s 34AA of the Land and Environment Court Act 1979. As no agreement was reached, the matter proceeded immediately to a hearing in accordance with s 34AA(b)(i) of the Court Act.