Revelop Projects Pty Limited v Parramatta City Council [2012] NSWLEC 1195

Revelop Projects Pty Limited v Parramatta City Council [2012] NSWLEC 1195

The Court dismissed the appeal because, although the proposal remained permissible through the savings provision in cl 1.8A of Parramatta Local Environmental Plan 2011, the now-gazetted LEP 2011 prohibited multi dwelling housing in the R2 Low Density Residential zone and was entitled to significant weight. The proposed four townhouse multi unit development was assessed as a medium density form that did not sit comfortably within the existing and desired future low density residential environment, was inconsistent with the R2 objective, presented as overdevelopment of a prominent corner site, had adverse streetscape impacts including dominance of car parking and an unsatisfactory Kissing...

Jurisdiction
Australia
Judgment Date
23 July 2012
Procedural Posture
Class 1 Development Application Appeal / Appeal Against Council's Refusal of a Development Application for Four Two Storey Townhouses at 247 Kissing Point Road, Dundas
Outcome
Appeal dismissed
Legal Topics
['development Application Refusal' 'multi Unit Housing' 'weight to Be Given to Parramatta Local Environmental Plan 2011' 'low Density Residential Zone Objectives' 'streetscape Impact' 'residential Amenity' 'communal Open Space' 'savings Provision']
['planning and Environment Law' 'development Control'] ['development Application Refusal' 'multi Unit Housing' 'weight to Be Given to Parramatta Local Environmental Plan 2011' 'low Density Residential Zone Objectives' 'streetscape Impact' 'residential Amenity' 'communal Open Space' 'savings Provision']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Development Application Appeal / Appeal Against Council's Refusal of a Development Application for Four Two Storey Townhouses at 247 Kissing Point Road, Dundas

Legal Issues

  1. 1 ['What weight should be given to Parramatta Local Environmental Plan 2011, under which the proposed multi dwelling housing is prohibited in the R2 Low Density Residential zone, despite the application being saved by cl 1.8A.' 'Whether the proposed development would achieve the relevant objectives of the R2 Low Density Residential zone and the Residential 2(b) zone objectives under Parramatta Local Environmental Plan 2001.' 'Whether the proposed four townhouse development was compatible with the existing and desired future low density residential character of the area.' 'Whether the proposal would have unacceptable streetscape, car parking, communal open space and amenity impacts.']

Ratio Decidendi

The Court dismissed the appeal because, although the proposal remained permissible through the savings provision in cl 1.8A of Parramatta Local Environmental Plan 2011, the now-gazetted LEP 2011 prohibited multi dwelling housing in the R2 Low Density Residential zone and was entitled to significant weight. The proposed four townhouse multi unit development was assessed as a medium density form that did not sit comfortably within the existing and desired future low density residential environment, was inconsistent with the R2 objective, presented as overdevelopment of a prominent corner site, had adverse streetscape impacts including dominance of car parking and an unsatisfactory Kissing...

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' 'Development consent for demolition, tree removal and the construction of four (4) town houses at 247 Kissing point Road, Dundas is refused.' 'The exhibits may be returned except 1, 4, A and B.']