Hy-Tec Industries Pty Limited v Parramatta City Council [2015] NSWLEC 1047

Hy-Tec Industries Pty Limited v Parramatta City Council [2015] NSWLEC 1047

The reduction in silo height to 21m, together with the condition to paint them a dark green colour, minimises visual impact such that the objectives of the height standard are satisfied notwithstanding non-compliance; all other planning and environmental requirements are met and the proposal is in the public interest. The Court upholds the appeal and approves the development subject to agreed conditions.

Parties
Applicant: Hy-Tec Industries Pty Limited; Respondent: Parramatta City Council
Jurisdiction
Australia
Judgment Date
20 February 2015
Procedural Posture
Appeal / Judgment
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
Development Application, Designated Development, Concrete Batching Plant, Height of Buildings, Visual Impact
Planning Law Environmental Law Development Application Designated Development Concrete Batching Plant Height of Buildings Visual Impact

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Parties

Hy-Tec Industries Pty Limited

Applicant

Parramatta City Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the proposed development should be approved given non-compliance with the height control under the Parramatta Local Environmental Plan 2011
  2. 2 Whether the visual impact of the proposed silos is acceptable, particularly with respect to Rosehill Racecourse
  3. 3 Whether the proposed development is consistent with relevant environmental planning instruments and is in the public interest

Ratio Decidendi

The reduction in silo height to 21m, together with the condition to paint them a dark green colour, minimises visual impact such that the objectives of the height standard are satisfied notwithstanding non-compliance; all other planning and environmental requirements are met and the proposal is in the public interest. The Court upholds the appeal and approves the development subject to agreed conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • The appeal is upheld.
  • Development Application DA/203/2014 for tree removal, construction and operation of a concrete batching plant with a capacity of 150,000 cubic metres of concrete annually and for a temporary mobile concrete batching plant on the northern part of the site at Lot 1 DP 870814, Nos 4-6 Shirley Street, Rosehill is...