Doolan v Strathfield Municipal Council

Land and Environment Court

New South Wales

Medium Neutral Citation:	Doolan v Strathfield Municipal Council [2014] NSWLEC 1212
Hearing dates:	16, 17 September 2014
Decision date:	15 October 2014
Jurisdiction:	Class 1
Before:	Brown C
Decision:	Directions for amended plans and conditions
Catchwords:	DEVELOPMENT APPLICATION: demolition of all existing structures and construction of a multi dwelling housing development - whether Planning Proposal certain and imminent - bulk, scale, character, density and extent of building footprint - visual and acoustic privacy - resident objections
Legislation Cited:	Environmental Planning and Assessment Act 1979 Strathfield Local Environmental Plan 2012
Cases Cited:	Blackmore Design Group Pty Ltd v North Sydney Council [2001] NSWLEC 279, Project Venture Developments v Pittwater Council [2005] NSWLEC 191, Terrace Tower Holdings Pty Ltd v Sutherland Shire Council (2003) NSWCA 289, Seaside Property Developments Pty Ltd v Wyong Shire Council [2004] NSWLEC 117, Revelop Projects Pty Ltd v Parramatta City Council [2014] NSWLEC 1167, Veloshin v Randwick Council [2007] NSWLEC 428.
Category:	Principal judgment
Parties:	John Doolan (Applicant) Strathfield Municipal Council (Respondent)
Representation:	Mr M Wright, barrister (Applicant) Ms P Burns, solicitor (Respondent) Chalk and Fitzgerald (Applicant) Maddocks Lawyers (Respondent)
File Number(s):	10161 of 2014

Judgment

1. COMMISSIONER: This is an appeal against the refusal of Development Application DA2013/212 by Strathfield Municipal Council for the demolition of all existing structures and construction of a multi dwelling housing development comprising 11 x 4 bedroom townhouses and a common basement car park at 43 Mackenzie Street, Strathfield (the site).

1. The development provides for a detached four bedroom dwelling at the Mackenzie Street frontage (townhouse 1), a block of two townhouses (townhouses 2 and 3) and a block of three town houses (townhouses 4, 5 and 6) facing east and a block of two townhouses (townhouses 7 and 8) and a block of three town houses (townhouses 9, 10 and 11) facing west. Access is provided from Mackenzie Street, past townhouse 1 to the basement car park.

1. The contentions raised by the council at the hearing are:

• the proposal is inconsistent with the future character because a Planning Proposal has been prepared and a Gateway Determination issued to down-zone the site,
• the proposal is out of character as it provides a built form that is not compatible with adjoining development in terms of bulk, scale, character, density and extent of building footprint,
• the proposal unacceptably impacts on adjoining properties by way of visual and acoustic privacy.

1. Contentions originally raised by council in relation to disposal of stormwater, accessibility, contamination, amount of private open space, inadequate information on contamination and geotechnical issues were not pressed by the council following the submission of further information.

1. A number of residents provided evidence at the commencement of the hearing. The additional contentions to those raised by the council are:

• vehicular and pedestrian safety,
• impact on trees on adjoining properties,
• loss of trees on the site,
• unsightly bin storage,
• lighting impacts,
• traffic congestion,
• lack of heritage assessment,
• unsatisfactory provision of common open space,
• overshadowing,