Leso v City of Parramatta Council [2017] NSWLEC 1206

Land and Environment Court New South Wales

Medium Neutral Citation: Leso v City of Parramatta Council [2017] NSWLEC 1206 Hearing dates: 11 April 2017 Date of orders: 18 July 2017 Decision date: 28 April 2017 Jurisdiction: Class 1 Before: Dickson, C Decision: Orders at [25] Catchwords: DEVELOPMENT APPEAL: town house development; streetscape presentation; agreement of experts; directions. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Vince Leso (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: M. Staunton (Applicant)

Solicitors: A. Seton, Marsdens Law Group (Respondent) Mills Oakley (Applicant) File Number(s): 2016/151970 Publication restriction: No

Judgment 1. COMMISSIONER: This appeal was lodged against the refusal, by Auburn City Council, of development application DA/432/2015. Subsequent to the refusal of the application, by proclamation dated 12 May 2016 the land the subject of the development application was transferred to the City of Parramatta who is now the responsible planning authority. The application sought consent for the demolition of all existing structures and construction of 24 town houses over basement car parking. The development is proposed at 2 Carnarvon Street, 82-84 Wetherill Street North and 59-61 Barker Avenue Silverwater (the Site). 2. Prior to the commencement of the hearing, it was agreed by the parties that a number of the original contentions were resolved by the amendments that have been made to the design and agreed conditions. These changes are incorporated in an updated set of architectural plans that the Court has allowed the applicant to rely on. 3. In hearing the appeal the role of the Court (cl 39 of the Land and Environment Court Act 1979 (LEC Act)) is to assess and determine the development application based on the evidence in the proceedings and the amended plans.