Deeb v Parramatta City Council [2012] NSWLEC 1104

Deeb v Parramatta City Council [2012] NSWLEC 1104

The development application was refused because, on its merits, the as-built development had unacceptable impacts on the heritage item Wingello through the height, bulk and scale of the additional storey on the residential flat buildings, the extent of driveway and car parking areas, loss of landscaping and above-ground detention basin; the third storey and reduced setbacks increased privacy and overlooking impacts; balcony width and common open space arrangements were inadequate; and the deficiency of 10 car spaces was unacceptable. The building certificate appeal was also dismissed because the development did not warrant approval in its present form, structural integrity and fire safety...

Jurisdiction
Australia
Judgment Date
27 April 2012
Procedural Posture
Class 1 Appeals Concerning Refusal of a Development Application and Refusal of a Building Certificate Application / Principal Judgment After Hearing
Outcome
Appeals dismissed
Legal Topics
['residential Flat Development Built Contrary to Development Consent' 'development Application to Regularise Unauthorised Works' 'building Certificate' 'impact on Heritage Item' 'parking Adequacy' 'residential Amenity' 'building Code of Australia Compliance']
['planning and Environment' 'heritage Conservation' 'building Regulation'] ['residential Flat Development Built Contrary to Development Consent' 'development Application to Regularise Unauthorised Works' 'building Certificate' 'impact on Heritage Item' 'parking Adequacy' 'residential Amenity' 'building Code of Australia Compliance']

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Procedural Posture

Class 1 Appeals Concerning Refusal of a Development Application and Refusal of a Building Certificate Application / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether development consent should be granted for works and use of 14 dwellings constructed contrary to the original development consent.' 'Whether the development was acceptable having regard to heritage impacts on the heritage item Wingello.' 'Whether the development provided adequate on-site car and bicycle parking.' 'Whether the built form provided acceptable internal and external residential amenity, including privacy, balconies, open space, floor-to-ceiling heights, storage and setbacks.' 'Whether a building certificate should be issued for the two dwellings and two residential flat buildings.']

Ratio Decidendi

The development application was refused because, on its merits, the as-built development had unacceptable impacts on the heritage item Wingello through the height, bulk and scale of the additional storey on the residential flat buildings, the extent of driveway and car parking areas, loss of landscaping and above-ground detention basin; the third storey and reduced setbacks increased privacy and overlooking impacts; balcony width and common open space arrangements were inadequate; and the deficiency of 10 car spaces was unacceptable. The building certificate appeal was also dismissed because the development did not warrant approval in its present form, structural integrity and fire safety...

Court Disposition

Appeals dismissed

Orders

  • ['In Appeal 11222 of 2011, the appeal is dismissed.' 'Development application DA/235/2011 that proposed the demolition of part of the heritage dwelling, reconfiguration of on-site parking, additional landscaping works, fitout of two units to make them adaptable dwellings, remedial fire safety works to the flat...