Marco De Rossi v Parramatta City Council [2006] NSWLEC 13

Marco De Rossi v Parramatta City Council [2006] NSWLEC 13

The proposal is inconsistent with the objectives of the 2A Residential zone, fails to satisfy DCP requirements concerning setbacks and amenity, particularly in relation to neighbouring properties, and cannot be approved despite the savings provision due to adverse impacts and inconsistency with the desired future character.

Parties
Applicant: Marco De Rossi; Respondent: Parramatta City Council
Jurisdiction
Australia
Judgment Date
13 January 2006
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Development Application, Rezoning, Local Environmental Plan, Development Control Plan, Streetscape, Impact on Neighbours, Amenity
Planning Law Environmental Law Development Application Rezoning Local Environmental Plan Development Control Plan Streetscape Impact on Neighbours +1 more

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Parties

Marco De Rossi

Applicant

Parramatta City Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the proposed development is consistent with the 2A Residential zone objectives
  2. 2 Whether the proposed development will have adverse impacts on the adjoining properties
  3. 3 Whether the design of the basement parking complies with the development control plan

Ratio Decidendi

The proposal is inconsistent with the objectives of the 2A Residential zone, fails to satisfy DCP requirements concerning setbacks and amenity, particularly in relation to neighbouring properties, and cannot be approved despite the savings provision due to adverse impacts and inconsistency with the desired future character.

Court Disposition

appeal dismissed

Orders

  • The appeal in respect of the property known as 36 Caloola Road, Wentworthville, is dismissed.
  • The development application submitted to Parramatta City Council and as amended for a multi-unit development containing 3 units is determined by the refusal of consent.