D - Studio Architects Pty Ltd v Parramatta City Council [2011] NSWLEC 1042

D - Studio Architects Pty Ltd v Parramatta City Council [2011] NSWLEC 1042

The amended proposal represented an overdevelopment of a constrained site. Although generally meeting many numerical controls and permissible under Parramatta LEP 2001 with the benefit of the Draft LEP savings clause, the design maximised built form through predominantly larger units while providing only minimal private open space, compromised courtyard and living-room solar access, inadequate communal open space and poorly integrated landscaping. These features reduced amenity for future residents and meant the development did not achieve acceptable consistency with the zone objectives required by cl 16(3) of the Parramatta LEP 2001.

Jurisdiction
Australia
Judgment Date
11 February 2011
Procedural Posture
Class 1 Appeal Against Council's Refusal of a Development Application / Preliminary Findings Before Final Orders
Outcome
Preliminary findings made; the applicant and respondent were allowed an opportunity to respond to identified negative features before final orders are made.
Legal Topics
['development Application' 'multi Unit Housing' 'draft Local Environmental Plan' 'desired Future Character' 'streetscape Impact' 'internal Amenity' 'solar Access' 'private Open Space' 'landscaping' 'public Interest']
['planning and Environment Law' 'development Control'] ['development Application' 'multi Unit Housing' 'draft Local Environmental Plan' 'desired Future Character' 'streetscape Impact' 'internal Amenity' 'solar Access' 'private Open Space' 'landscaping' 'public Interest']

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Procedural Posture

Class 1 Appeal Against Council's Refusal of a Development Application / Preliminary Findings Before Final Orders

Legal Issues

  1. 1 ['What weight should be given to Draft Parramatta LEP 2010 given the savings clause and the status of the draft instrument.' 'Whether the proposed multi-unit housing development was consistent with the desired future character and zone objectives for the area.' 'Whether the proposal would have unacceptable streetscape impacts, including from the basement car park driveway and street presentation.' 'Whether the proposal provided acceptable internal amenity, including building separation, solar access, safety and security, communal open space and private open space.' 'Whether the landscaping design was adequate and sustainable.' "Whether the proposal was in the public interest having regard to objectors' concerns including bulk and scale, privacy and traffic impacts."]

Ratio Decidendi

The amended proposal represented an overdevelopment of a constrained site. Although generally meeting many numerical controls and permissible under Parramatta LEP 2001 with the benefit of the Draft LEP savings clause, the design maximised built form through predominantly larger units while providing only minimal private open space, compromised courtyard and living-room solar access, inadequate communal open space and poorly integrated landscaping. These features reduced amenity for future residents and meant the development did not achieve acceptable consistency with the zone objectives required by cl 16(3) of the Parramatta LEP 2001.

Court Disposition

Preliminary findings made; the applicant and respondent were allowed an opportunity to respond to identified negative features before final orders are made.

Orders

  • []