Skyton Development Pty Limited v Parramatta City Council [2004] NSWLEC 709

Skyton Development Pty Limited v Parramatta City Council [2004] NSWLEC 709

Although some neighbouring dwellings and courtyards would experience additional overshadowing and some non-compliance with the solar access requirements of Parramatta Development Control Plan 2001, the impacts were not unacceptable having regard to the morning sunlight available to affected villas, the non-objection from affected neighbours, the proposal's compliance with height controls, the relatively low two-storey built form, compliant or greater setbacks, landscaping, the north-south orientation of the site, and mitigation of privacy impacts by louvred privacy screens. The appeal was therefore upheld and development consent granted subject to conditions.

Jurisdiction
Australia
Judgment Date
06 December 2004
Procedural Posture
Appeal Concerning a Development Application / Judgment Determining Appeal and Granting Development Consent
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Consent' 'multi Unit Housing Development' 'overshadowing' 'building Bulk' 'solar Access' 'privacy' 'development Control Plan Compliance']
['planning and Environment Law'] ['development Consent' 'multi Unit Housing Development' 'overshadowing' 'building Bulk' 'solar Access' 'privacy' 'development Control Plan Compliance']

Case Brief

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Procedural Posture

Appeal Concerning a Development Application / Judgment Determining Appeal and Granting Development Consent

Legal Issues

  1. 1 ['Whether development consent should be granted for demolition of two existing dwellings and erection and strata subdivision of a multi-unit housing development comprising 13 dwellings with basement car parking at 19 and 19A Mount Street, Wentworthville.' 'Whether objections concerning overshadowing, solar access, privacy and building bulk made the proposed development unacceptable.' 'Whether non-compliance with some solar access requirements of Parramatta Development Control Plan 2001 made the proposal unacceptable.']

Ratio Decidendi

Although some neighbouring dwellings and courtyards would experience additional overshadowing and some non-compliance with the solar access requirements of Parramatta Development Control Plan 2001, the impacts were not unacceptable having regard to the morning sunlight available to affected villas, the non-objection from affected neighbours, the proposal's compliance with height controls, the relatively low two-storey built form, compliant or greater setbacks, landscaping, the north-south orientation of the site, and mitigation of privacy impacts by louvred privacy screens. The appeal was therefore upheld and development consent granted subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development application No DA0289/2004 for the demolition of two dwelling houses and the erection and strata subdivision of a multi-unit housing development comprising 13 dwellings with basement car parking at 19 and 19A Mount Street, Wentworthville is determined by the granting of...