Barrak v Parramatta City Council [2017] NSWLEC 1244

Barrak v Parramatta City Council [2017] NSWLEC 1244

The Court refused consent because, after considering the effect of the proposed development on the heritage significance of the Harris Park West Heritage Conservation Area under cl 5.10(4), it found that the proposal would have an unacceptable detrimental impact on the HCA and nearby heritage items. The proposal was also inconsistent with objectives (a), (c) and (e) of the height control in cl 4.3 of Parramatta Local Environmental Plan 2011, and the applicant had not established that compliance with the height standard was unreasonable or unnecessary. Consequently the cl 4.6 objection was not sustained and there was no power to grant consent.

Jurisdiction
Australia
Judgment Date
19 May 2017
Procedural Posture
Class 1 Development Appeal Against Deemed Refusal of Development Application DA 109/2016 / Final Hearing Following Terminated S 34 Conciliation
Outcome
Appeal dismissed and development application refused.
Legal Topics
['shop Top Housing Development' 'heritage Conservation Area Impacts' 'height of Buildings Development Standard' 'clause 4.6 Variation Request' 'development Control Plan Controls']
['planning and Environment Law' 'development Consent' 'heritage Conservation'] ['shop Top Housing Development' 'heritage Conservation Area Impacts' 'height of Buildings Development Standard' 'clause 4.6 Variation Request' 'development Control Plan Controls']

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Procedural Posture

Class 1 Development Appeal Against Deemed Refusal of Development Application DA 109/2016 / Final Hearing Following Terminated S 34 Conciliation

Legal Issues

  1. 1 ['Whether the proposed 8 storey shop top housing development would have an unacceptable impact on the Harris Park West Heritage Conservation Area and nearby heritage items.' 'Whether the proposed development satisfied cl 5.10 of Parramatta Local Environmental Plan 2011 concerning heritage conservation.' "Whether the applicant's cl 4.6 request to vary the height of buildings development standard should be upheld." 'Whether the proposed development was consistent with the objectives of the height control in cl 4.3 of Parramatta Local Environmental Plan 2011.' 'Whether any costs order should be made under s 97B of the Environmental Planning and Assessment Act 1979 in relation to amended plans.']

Ratio Decidendi

The Court refused consent because, after considering the effect of the proposed development on the heritage significance of the Harris Park West Heritage Conservation Area under cl 5.10(4), it found that the proposal would have an unacceptable detrimental impact on the HCA and nearby heritage items. The proposal was also inconsistent with objectives (a), (c) and (e) of the height control in cl 4.3 of Parramatta Local Environmental Plan 2011, and the applicant had not established that compliance with the height standard was unreasonable or unnecessary. Consequently the cl 4.6 objection was not sustained and there was no power to grant consent.

Court Disposition

Appeal dismissed and development application refused.

Orders

  • ['The objection pursuant to cl 4.6 of the Parramatta Local Environmental Plan 11 is not sustained;' 'No order as to costs under s 97B of the Environmental Planning and Assessment Act 1979;' 'The appeal is dismissed;' 'Development application DA 109/2016 for consent for demolition of existing structures and...