Mark Makhoul v Parramatta City Council [2006] NSWLEC 386

Mark Makhoul v Parramatta City Council [2006] NSWLEC 386

'Natural ground level' in the definition of 'storey' under the LEP means the pre-development ground level, and the space used for car parking in the development protrudes more than 1.2 metres above this level, resulting in the proposed building being classified as high density housing, which is prohibited in the 2(c) zone.

Parties
Applicant: Mark Makhoul; Respondent: Parramatta City Council
Jurisdiction
Australia
Judgment Date
21 June 2006
Procedural Posture
Appeal / Judgment on Appeal Under S 97 of the Environmental Planning and Assessment Act 1979
Outcome
Proceedings stood over for parties to consider consequences; proposed development found to be prohibited high density housing.
Legal Topics
Development Application, Local Environmental Plan, Construction and Interpretation
Planning and Environment Development Application Local Environmental Plan Construction and Interpretation

Case Brief

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Parties

Mark Makhoul

Applicant

Parramatta City Council

Respondent

Procedural Posture

Appeal / Judgment on Appeal Under S 97 of the Environmental Planning and Assessment Act 1979

Legal Issues

  1. 1 Whether the proposed development is a 'residential flat building' or 'high density housing' under the Parramatta Local Environmental Plan 2001
  2. 2 Interpretation of 'ground level' and 'natural ground level' in the LEP
  3. 3 Whether the proposed development is permissible in the relevant zone

Ratio Decidendi

'Natural ground level' in the definition of 'storey' under the LEP means the pre-development ground level, and the space used for car parking in the development protrudes more than 1.2 metres above this level, resulting in the proposed building being classified as high density housing, which is prohibited in the 2(c) zone.

Court Disposition

Proceedings stood over for parties to consider consequences; proposed development found to be prohibited high density housing.