Hales v Parramatta City Council [2015] NSWLEC 1210

Land and Environment Court New South Wales

Medium Neutral Citation: Hales v Parramatta City Council [2015] NSWLEC 1210 Hearing dates: 22 May 2015 Date of orders: 17 June 2015 Decision date: 17 June 2015 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is dismissed. 2. The development application (505/2014) to construct an extension of a driveway within the front setback area and a second vehicle crossing with a gate at 84 Eastwood Avenue, Epping, is refused. 3. The exhibits, except Exhibits 1 and A, are returned. Catchwords: DEVELOPMENT APPLICATION: extension of driveway and a second vehicle crossing with a gate. Impact on character of the area. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 (LEC Act) Parramatta Local Environmental Plan 2011 Cases Cited: Davies v Penrith City Council [2013] NSWLEC 1141 Pafburn v North Sydney Council [2005] NSWLEC 444 Category: Principal judgment Parties: James and Emily Hales (Applicant)

Parramatta City Council (Respondent) Representation: Counsel: Mr M Staunton (Applicant)

Solicitors: Mr G Hartley of Hartley Solicitors (Applicant)

Mr A Gough of Storey Gough Lawyers (Respondent) File Number(s): 10233 of 2015

Judgment 1. This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal by Parramatta City Council (council) of a development application (505/2014) to construct an extension of a driveway within the front setback area and a second vehicle crossing with a gate at 84 Eastwood Avenue, Epping (site). 2. The key issue in dispute between the parties is whether the proposal is inconsistent with the character of the area (Contention 1).