Chau v Parramatta City Council [2009] NSWLEC 1363

Chau v Parramatta City Council [2009] NSWLEC 1363

The Court was satisfied that the development as modified was substantially the same development as the approved dual occupancy and that, with clarified amendments and amended plans, the reduced western setback, window changes, deletion of eaves, basement use for rainwater tanks and hot water systems, and other modifications would not create unacceptable impacts on visual privacy, solar access, floor space ratio, height, bulk or scale. The application could therefore be approved, but final amended plans and conditions were required before approval was granted.

Jurisdiction
Australia
Judgment Date
10 November 2009
Procedural Posture
Appeal Against Refusal of an Application Under S96 of the Environmental Planning and Assessment Act 1979 to Modify Development Consent Da/127/2005 / Judgment After Hearing
Outcome
Application can be approved subject to the applicant preparing amended plans and conditions being settled after further discussion with the parties.
Legal Topics
['dual Occupancy Development' 'modification of Development Consent' 'non Compliance With Approved Plans' 'setbacks' 'floor Space Ratio' 'visual Privacy' 'solar Access' 'bulk and Scale']
['environmental and Planning Law' 'development Control'] ['dual Occupancy Development' 'modification of Development Consent' 'non Compliance With Approved Plans' 'setbacks' 'floor Space Ratio' 'visual Privacy' 'solar Access' 'bulk and Scale']

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Procedural Posture

Appeal Against Refusal of an Application Under S96 of the Environmental Planning and Assessment Act 1979 to Modify Development Consent Da/127/2005 / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the proposed modified development satisfied the aims and objectives of Parramatta Local Environmental Plan 2001 and Parramatta Development Control Plan 2005.' 'Whether the information and plans before the Court were sufficient to assess the modification application.' 'Whether the reduced western side setback caused unacceptable overlooking, overshadowing or other amenity impacts.' 'Whether the modified development exceeded the maximum floor space ratio for dual occupancy development.' 'Whether the basement areas increased height, bulk and scale to an unacceptable degree.' 'Whether concerns raised by objectors warranted refusal of the modification application.']

Ratio Decidendi

The Court was satisfied that the development as modified was substantially the same development as the approved dual occupancy and that, with clarified amendments and amended plans, the reduced western setback, window changes, deletion of eaves, basement use for rainwater tanks and hot water systems, and other modifications would not create unacceptable impacts on visual privacy, solar access, floor space ratio, height, bulk or scale. The application could therefore be approved, but final amended plans and conditions were required before approval was granted.

Court Disposition

Application can be approved subject to the applicant preparing amended plans and conditions being settled after further discussion with the parties.

Orders

  • ['Applicant to have an opportunity to prepare and submit amended plans addressing the matters identified in the judgment.' 'Specific directions regarding amended plans and drafting of conditions are to be made after discussion with the parties.']