Barrak v Parramatta City Council

[2007] NSWLEC 528

Land and Environment Court

of New South Wales

CITATION:	Barrak v Parramatta City Council [2007] NSWLEC 528
PARTIES:	APPLICANT Benjamin Barrak RESPONDENT Parramatta City Council
FILE NUMBER(S):	10067 of 2007
CORAM:	Brown C
KEY ISSUES:	Development Application :- continued use of an existing cottage for commercial/retail purposes and the construction of five townhouses - conditions of approval
LEGISLATION CITED:	Environmental Planning and Assessment Act 1979
DATES OF HEARING:	21/08/07
EX TEMPORE JUDGMENT DATE:	21 August 2007
LEGAL REPRESENTATIVES:	APPLICANT Mr P Clay, barrister SOLICITORS Barrak Lawyers RESPONDENT Mr C Drury, solicitor SOLICITORS DLA Phillips Fox

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Brown C

21 August 2007

10067 of 2007 Benjamin Barrak v Parramatta City Council

JUDGMENT

1 COMMISSIONER: This is an appeal against the refusal by Parramatta City Council (the council) of DA 618/2005 for the continued use of an existing cottage for commercial/retail purposes and the construction of five townhouses at 63 Victoria Rd., Parramatta (the site).

2 By way of background, the development application was lodged with the council on 12 July 2005 and was refused on 26 February 2006. The appeal against the refusal was filed with the Court on 27 January 2007. On 31 January 2007, the applicant lodged an application to review the previous decision of the council under s 82A of the Environmental Planning and Assessment Act 1979. The s 82A revue application was not recommended for approval by council staff or an independent planning review however DA 618/2005 was approved by the council on 12 June. 2007.

3 At a Call over on 6 July 2007 the Court was advised that the appeal would be limited to any dispute between the parties on the councils draft conditions. A s 34 Conference was listed for 21 August 2007.

4 Prior to the hearing a joint town planning report was filed from Mr Brad Delapierre, a town planner with the council and Mr Danny Jones a town planner representing applicant. The town planning report identified 33 areas of dispute however the experts agree that all the areas of dispute could be addressed through either deletion or amendment so there was agreement on the draft conditions.

5 Mr Drury, the council solicitor, advised the Court that the 3 persons who made submissions to the s 82A revue application were contacted and made aware of the s 34 Conference however no replies were received and no persons attended the site at the time of the conference.

6 In accordance with s 34(3)(b)(i) the parties agreed that the proceedings could be disposed of without a further hearing. Having reviewed the joint town planning report I satisfied that the agreed conditions are appropriate and can be imposed.

7 The orders of the Court are:

1) The appeal is upheld.
2) DA 618/2005 for the continued use of an existing cottage for commercial/retail purposes and the construction of five townhouses at 63 Victoria Rd., Parramatta is approved subject to the conditions in Annexure A.
____________
G T Brown
Commissioner of the Court