B H Constructions v Parramatta City Council [2007] NSWLEC 110

B H Constructions v Parramatta City Council [2007] NSWLEC 110

The final modified plans, considered with the evidence of the court-appointed urban design expert and subject to agreed conditions, would result in a development that was satisfactory in streetscape terms; the remaining concern about the parapet/balcony to unit 8 and the neighbours' concerns did not warrant refusal or further changes.

Jurisdiction
Australia
Judgment Date
08 March 2007
Procedural Posture
Appeal Relating to an Application Under S 96 of the Environmental Planning and Assessment Act 1979 to Modify Development Consent No. 923/2003 / Judgment After Hearing; Appeal Upheld and Development Consent Modified
Outcome
Appeal upheld; Development Consent No. 923/2003 modified.
Legal Topics
['modification of Development Consent' 'multi Unit Housing Development' 'unlawful Construction' 'streetscape Presentation' 'residential Zoning' 'development Control Non Compliance']
['planning and Environment Law'] ['modification of Development Consent' 'multi Unit Housing Development' 'unlawful Construction' 'streetscape Presentation' 'residential Zoning' 'development Control Non Compliance']

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Procedural Posture

Appeal Relating to an Application Under S 96 of the Environmental Planning and Assessment Act 1979 to Modify Development Consent No. 923/2003 / Judgment After Hearing; Appeal Upheld and Development Consent Modified

Legal Issues

  1. 1 ['Whether Development Consent No. 923/2003 should be modified under s 96 of the Environmental Planning and Assessment Act 1979 to allow retention of elements of the constructed building and further alterations' 'Whether the modified development would be satisfactory in its streetscape presentation to Fitzgerald Road and Victoria Road' "Whether neighbours' concerns and remaining urban design concerns warranted refusal or further changes"]

Ratio Decidendi

The final modified plans, considered with the evidence of the court-appointed urban design expert and subject to agreed conditions, would result in a development that was satisfactory in streetscape terms; the remaining concern about the parapet/balcony to unit 8 and the neighbours' concerns did not warrant refusal or further changes.

Court Disposition

Appeal upheld; Development Consent No. 923/2003 modified.

Orders

  • ['The appeal is upheld.' 'Development Consent No. 923/2003 for the multi-unit housing development at 718-722 Victoria Road, Ermington is modified.']