Aminzadeh v Parramatta City Council [2019] NSWLEC 1223

Aminzadeh v Parramatta City Council [2019] NSWLEC 1223

The Court is satisfied that the proposed development meets the objectives of the R2 zone and the subdivision standard; the written request has adequately addressed the matters under cl 4.6(3); there are sufficient environmental planning grounds; non-compliance is negligible and results in no perceivable impact; the development is in the public interest; and all other preconditions for granting consent for a variation are met.

Jurisdiction
Australia
Judgment Date
31 May 2019
Procedural Posture
Appeal / Merits Appeal Final Orders
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
['development Application' 'minimum Lot Size' 'subdivision' 'dual Occupancy' 'variation of Development Standards']
['planning and Environment'] ['development Application' 'minimum Lot Size' 'subdivision' 'dual Occupancy' 'variation of Development Standards']

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Procedural Posture

Appeal / Merits Appeal Final Orders

Legal Issues

  1. 1 ['Whether a variation of the minimum lot size standard for dual occupancy under cl 6.11(1) PLEP should be granted via cl 4.6 of the Parramatta Local Environmental Plan 2011']

Ratio Decidendi

The Court is satisfied that the proposed development meets the objectives of the R2 zone and the subdivision standard; the written request has adequately addressed the matters under cl 4.6(3); there are sufficient environmental planning grounds; non-compliance is negligible and results in no perceivable impact; the development is in the public interest; and all other preconditions for granting consent for a variation are met.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • ['The appeal is upheld.' 'Amended Development Application 130/2018 for demolition of existing structures, construction of attached dual occupancy with Torrens title subdivision of one lot into two lots, on Lot 27 DP 35735, also known as 28 Coffey Street, Ermington is approved, subject to the conditions in Annexure...