MGB Developments v Parramatta City Council [2008] NSWLEC 51

MGB Developments v Parramatta City Council [2008] NSWLEC 51

The proposed two-storey component of the rear row of townhouses breached the DCP 2005 height and building envelope controls and was inconsistent with the single storey rear character, bulk and scale anticipated by DCP 2005. Those breaches created unacceptable bulk and scale, so the appeal was dismissed and the development application refused.

Jurisdiction
Australia
Judgment Date
12 February 2008
Procedural Posture
Appeal Against Refusal of Development Application DA 1140/2006 for Construction of a Multi Unit Housing Development / Judgment
Outcome
Appeal dismissed; development application refused.
Legal Topics
['multi Unit Housing' 'height, Bulk and Scale' 'streetscape and Setbacks' 'overlooking' 'solar Access' 'overshadowing']
['planning and Environment Law' 'development Consent'] ['multi Unit Housing' 'height, Bulk and Scale' 'streetscape and Setbacks' 'overlooking' 'solar Access' 'overshadowing']

Case Brief

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Procedural Posture

Appeal Against Refusal of Development Application DA 1140/2006 for Construction of a Multi Unit Housing Development / Judgment

Legal Issues

  1. 1 ['Whether the two-storey construction of the rear row of townhouses was acceptable considering height, bulk, scale and massing.' 'Whether the streetscape was acceptable considering the proposed street setbacks.' 'Whether unacceptable levels of overlooking would occur from the proposed patios into adjoining courtyard areas.' 'Whether Unit 2 had unacceptable levels of solar access to its living areas.' 'Whether Unit 4 had unacceptable levels of overshadowing to its private open space areas.']

Ratio Decidendi

The proposed two-storey component of the rear row of townhouses breached the DCP 2005 height and building envelope controls and was inconsistent with the single storey rear character, bulk and scale anticipated by DCP 2005. Those breaches created unacceptable bulk and scale, so the appeal was dismissed and the development application refused.

Court Disposition

Appeal dismissed; development application refused.

Orders

  • ['The appeal is dismissed.' 'Development Application DA 1140/2006 for the construction of a multi unit housing development at 425 Wentworth Avenue, Toongabbie is refused.' 'The exhibits are returned.']