Revelop Projects Pty Limited v Parramatta City Council [2014] NSWLEC 1167

Revelop Projects Pty Limited v Parramatta City Council [2014] NSWLEC 1167

Although a boarding house on the site was not inappropriate in principle and the proposal was compatible in a broad sense with the desired future character of the area, consent was refused because the proposed building was fundamentally inconsistent with the Parramatta Development Control Plan 2011 treatment required for a prominent corner and because the proposal failed to provide communal living rooms on each floor. Those deficiencies could not be cured by conditions, minor amendments, or the amber light approach without major interference with the proposed design or a constructive refusal.

Jurisdiction
Australia
Judgment Date
30 July 2014
Procedural Posture
Class 1 Development Appeal / Final Judgment on Appeal Concerning Refusal of Development Application No. Da/674/2012
Outcome
Appeal dismissed; development consent refused.
Legal Topics
['boarding House Development' 'character of the Local Area' 'desired Future Character' 'development Control Plan Setbacks' 'communal Living Space' 'social Impact' 'amber Light Approach']
['planning and Environment' 'development Consent' 'affordable Rental Housing'] ['boarding House Development' 'character of the Local Area' 'desired Future Character' 'development Control Plan Setbacks' 'communal Living Space' 'social Impact' 'amber Light Approach']

Case Brief

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Procedural Posture

Class 1 Development Appeal / Final Judgment on Appeal Concerning Refusal of Development Application No. Da/674/2012

Legal Issues

  1. 1 ['Whether the proposed boarding house was compatible with the character of the area under cl 30A of State Environmental Planning Policy (Affordable Rental Housing) 2009.' 'Whether approval of a boarding house on the site would have an adverse social impact on the Telopea suburb.' "Whether the proposed development's treatment of the Evans Road and Shortland Street corner and primary frontage setback warranted refusal under the Parramatta Development Control Plan 2011." 'Whether the absence of a communal living room on each floor warranted refusal under the Parramatta Development Control Plan 2011.' 'Whether the identified design deficiencies could appropriately be addressed by minor amendments, conditions, or the amber light approach.']

Ratio Decidendi

Although a boarding house on the site was not inappropriate in principle and the proposal was compatible in a broad sense with the desired future character of the area, consent was refused because the proposed building was fundamentally inconsistent with the Parramatta Development Control Plan 2011 treatment required for a prominent corner and because the proposal failed to provide communal living rooms on each floor. Those deficiencies could not be cured by conditions, minor amendments, or the amber light approach without major interference with the proposed design or a constructive refusal.

Court Disposition

Appeal dismissed; development consent refused.

Orders

  • ['The appeal is dismissed.' 'Development Application No. DA/674/2012 for demolition of existing structures, removal of trees and construction of a boarding house at 9 Evans Road, Telopea is determined by the refusal of development consent.' 'The exhibits, other than Exhibits A, B, J and 2 are returned.']