Tannous v Parramatta City Council [2005] NSWLEC 320

Tannous v Parramatta City Council [2005] NSWLEC 320

The amending LEP had become sufficiently imminent and certain, changed the zoning of the site from Residential 2B to Residential 2A, and prohibited multi-unit housing. The proposed seven-unit development would significantly change the character contemplated by the amending LEP and would undermine its objective or planning intent. The amending LEP was therefore entitled to determinative weight, so the appeal failed and the development application was refused.

Jurisdiction
Australia
Judgment Date
27 May 2005
Procedural Posture
Appeal Against Refusal of Development Application / Judgment
Outcome
Appeal dismissed; development application refused.
Legal Topics
['development Application Refusal' 'draft Local Environmental Plan' 'savings and Transitional Provisions' 'residential Zoning' 'multi Unit Housing' 'desired Future Character' 'substantially the Same Development']
['environmental Planning' 'development Control' 'land Use Planning'] ['development Application Refusal' 'draft Local Environmental Plan' 'savings and Transitional Provisions' 'residential Zoning' 'multi Unit Housing' 'desired Future Character' 'substantially the Same Development']

Case Brief

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Procedural Posture

Appeal Against Refusal of Development Application / Judgment

Legal Issues

  1. 1 ['Whether the proposed development was consistent with the future desired character of the Residential 2A zone.' 'What weight should be given to the amending local environmental plan in assessing the development application.' 'Whether the proposed development was substantially the same development as that determined by the council.' 'Whether matters raised by objectors justified refusal of the development application.']

Ratio Decidendi

The amending LEP had become sufficiently imminent and certain, changed the zoning of the site from Residential 2B to Residential 2A, and prohibited multi-unit housing. The proposed seven-unit development would significantly change the character contemplated by the amending LEP and would undermine its objective or planning intent. The amending LEP was therefore entitled to determinative weight, so the appeal failed and the development application was refused.

Court Disposition

Appeal dismissed; development application refused.

Orders

  • ['The appeal is dismissed.' 'DA 1581/2003 for the demolition of two existing dwellings and the erection of a multi-unit development at 46-48 Greenleaf Street, Wentworthville, is refused.' 'The exhibits are returned with the exception of Exhibits 1 and 5.']