Cornerstone Design and Construction v Parramatta City Council [2006] NSWLEC 559

Cornerstone Design and Construction v Parramatta City Council [2006] NSWLEC 559

The amended proposal for 8 units in two buildings, with increased setbacks, deep soil planting, revised architectural form and resolved access, parking, garbage and drainage details, reasonably responded to the Parramatta Local Environmental Plan 2001 and Parramatta Development Control Plan 2001 objectives and controls. The Court accepted the Court appointed expert's opinion that the proposal satisfied streetscape criteria, accepted council's submissions that Dean Crescent had reasonable environmental capacity, and found no compelling evidence that drainage impacts warranted refusal; conditional consent was therefore justified.

Jurisdiction
Australia
Judgment Date
08 September 2006
Procedural Posture
Appeal Against Council's Refusal of a Development Application / Development Consent Appeal; Conditional Consent Determined
Outcome
Appeal upheld; development consent and strata subdivision approval granted subject to conditions.
Legal Topics
['development Application' 'multi Unit Housing' 'streetscape Impact' 'residential Zone Objectives' 'amenity Impacts' 'open Space and Landscaping' 'access and Parking' 'drainage' 'road Capacity and Safety' 'strata Subdivision']
['planning and Environment Law'] ['development Application' 'multi Unit Housing' 'streetscape Impact' 'residential Zone Objectives' 'amenity Impacts' 'open Space and Landscaping' 'access and Parking' 'drainage' 'road Capacity and Safety' 'strata Subdivision']

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Procedural Posture

Appeal Against Council's Refusal of a Development Application / Development Consent Appeal; Conditional Consent Determined

Legal Issues

  1. 1 ['Whether the development is consistent with the zone objectives for the 2B Residential zone.' 'Whether the amended multi unit housing development has acceptable streetscape impacts and is compatible with the character of the area.' 'Whether the proposal has unacceptable amenity impacts on neighbouring properties.' 'Whether open space and landscaping are adequate.' 'Whether access, parking and road capacity or safety concerns justify refusal.' 'Whether drainage arrangements are acceptable.' 'Whether approval is in the public interest.']

Ratio Decidendi

The amended proposal for 8 units in two buildings, with increased setbacks, deep soil planting, revised architectural form and resolved access, parking, garbage and drainage details, reasonably responded to the Parramatta Local Environmental Plan 2001 and Parramatta Development Control Plan 2001 objectives and controls. The Court accepted the Court appointed expert's opinion that the proposal satisfied streetscape criteria, accepted council's submissions that Dean Crescent had reasonable environmental capacity, and found no compelling evidence that drainage impacts warranted refusal; conditional consent was therefore justified.

Court Disposition

Appeal upheld; development consent and strata subdivision approval granted subject to conditions.

Orders

  • ['This appeal is upheld.' 'The SEPP 1 objection to the development standard for the number of storeys contained in cl 19(1)(a) of the Parramatta Local Environment Plan is allowed.' 'Development consent is granted to DA/1229/2004 for the demolition of 2 dwellings and construction of the multi unit residential...