Peter Campton v Parramatta City Council [2011] NSWLEC 1360

Peter Campton v Parramatta City Council [2011] NSWLEC 1360

The appeal was upheld because the proposed subdivision and associated works complied with relevant numerical planning controls, were consistent with the residential zone objectives, would not have unacceptable impacts on the conservation area, streetscape, neighbouring amenity or public interest, and adequately addressed ecological, arboricultural and drainage concerns once amended Vegetation Management Plan, site-specific Tree Protection Plan, revised conditions, driveway details and positive covenants were provided to the Court's satisfaction.

Jurisdiction
Australia
Judgment Date
07 September 2011
Procedural Posture
Class 1 Appeal Under S 97(1) of the Environmental Planning & Assessment Act 1979 Against Deemed Refusal of Development Application Da/676/2010 / Final Orders; Appeal Upheld and Development Application Approved Subject to Conditions
Outcome
Appeal upheld subject to conditions; Development Application DA/676/2010 approved subject to conditions in Annexure A.
Legal Topics
['subdivision Into 3 Allotments' 'tree Removal' 'concrete Access Way and Drainage Network' 'impact on Streetscape and Conservation Area' 'endangered Ecological Community' 'vegetation Management Plan' 'tree Protection Plan' 'stormwater Drainage' 'private Open Space']
['environmental Planning and Development' 'heritage Conservation' 'biodiversity and Threatened Species' 'local Government'] ['subdivision Into 3 Allotments' 'tree Removal' 'concrete Access Way and Drainage Network' 'impact on Streetscape and Conservation Area' 'endangered Ecological Community' 'vegetation Management Plan' 'tree Protection Plan' 'stormwater Drainage' 'private Open Space']

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Procedural Posture

Class 1 Appeal Under S 97(1) of the Environmental Planning & Assessment Act 1979 Against Deemed Refusal of Development Application Da/676/2010 / Final Orders; Appeal Upheld and Development Application Approved Subject to Conditions

Legal Issues

  1. 1 ["Whether the proposed 3 lot subdivision, access way, drainage works and tree removal should be approved despite council's deemed refusal." 'Whether the proposal was consistent with the relevant objectives and controls in Parramatta Local Environmental Plan 2001, Parramatta Local Environmental Plan 1996 (Heritage and Conservation), Development Control Plan 2005, Parramatta Heritage Development Control Plan 2001 and draft planning instruments.' 'Whether the proposal would adversely affect the Epping-Eastwood Conservation Area, the predominant subdivision pattern, streetscape character or amenity of neighbouring properties.' 'Whether the proposal adequately protected Sydney Turpentine Ironbark Forest and retained Grey Ironbark trees through the Vegetation Management Plan, Tree Protection Plan and conditions.' 'Whether the proposed private open space, driveway treatment and stormwater drainage arrangements were acceptable.']

Ratio Decidendi

The appeal was upheld because the proposed subdivision and associated works complied with relevant numerical planning controls, were consistent with the residential zone objectives, would not have unacceptable impacts on the conservation area, streetscape, neighbouring amenity or public interest, and adequately addressed ecological, arboricultural and drainage concerns once amended Vegetation Management Plan, site-specific Tree Protection Plan, revised conditions, driveway details and positive covenants were provided to the Court's satisfaction.

Court Disposition

Appeal upheld subject to conditions; Development Application DA/676/2010 approved subject to conditions in Annexure A.

Orders

  • ['Appeal number 10868 of 2010 is upheld.' 'Development Application DA/676/2010 for tree removal, construction of a concrete access way, drainage network and subdivision into 3 allotments of 54 Epping Avenue Epping (Lot 45 DP 5792) is approved subject to the conditions in Annexure A.' 'All exhibits except 1 and B are...