Fusion Sydney Pty Ltd v City of Parramatta Council [2016] NSWLEC 1367

Land and Environment Court New South Wales

Medium Neutral Citation: Fusion Sydney Pty Ltd v City of Parramatta Council [2016] NSWLEC 1367 Hearing dates: 22 August 2016 Date of orders: 23 September 2016 Decision date: 30 August 2016 Jurisdiction: Class 1 Before: Dickson C Decision: Directions for amended plans & conditions at [85]. Catchwords: DEVELOPMENT APPLICATION: Certainty of solar access from skylights; impact of vehicular turning area on streetscape; landscaping in front setback.; Public submissions and objections. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Conveyancing Act 1919 Category: Principal judgment Parties: Fusion Sydney Pty Ltd (Applicant) City of Parramatta Council (Respondent) Representation: Mr. D Loether, Bartier Perry (Applicant) Mr. A Gough, Storey & Gough (Respondent) File Number(s): 2016/00161874

Judgment 1. COMMISSIONER: This is an appeal, pursuant to the provisions of s 97(b) of the Environmental Planning and Assessment Act 1979 (EPA Act), against the refusal by City of Parramatta Council (the Council) of Development Application number DA818/2014. This application sought approval for: demolition, tree removal, consolidation and subdivision into three lots; and the construction of two attached and one detached torrens titled dual occupancies (the original proposal) at 18-20 Mobbs Lane, Carlingford (the site). 2. The appeal was subject to mandatory conciliation on 15 February 2016, in accordance with the provisions of s 34 of the Land and Environment Court Act 1979 (LEC Act). Following the initial conciliation the conference was adjourned to allow the applicant to further address the matters raised by the Council and the residents who provided evidence at the site inspection. 3. Following the submission of amended plans, and their readvertising, the matter was considered by the Council and authority was not provided to enter into agreement. 4. Given an agreement was not reached during the conciliation phase, the conciliation conference was terminated on 11 May 2016, pursuant to s 34(4) of the LEC Act. The proposal was amended following the termination of the conciliation conference and leave was granted by the Court on 11 August 2016 for the applicant to rely on the amended proposal. [Architectural Plans by TERRAERIS dated 1 August 2016, Exhibit 1]. 5. The proceedings focussed on: * Proposed dwellings 20C and 20B: the appropriateness of solar access; parking and manoeuvrability; the appropriateness of the front setback in terms of streetscape. * The development as a whole: issues raised by the objectors; and the broader public Interest. 1. Following consideration of the expert evidence, the concerns expressed by residents, and the relevant planning controls, directions are provided to prepare amended plans and conditions to satisfy the above issues.