Grand United Friendly Society v Parramatta City Council

[2004] NSWLEC 420

Land and Environment Court

of New South Wales

CITATION:	Grand United Friendly Society v Parramatta City Council [2004] NSWLEC 420
PARTIES:	Applicant: Grand United Friendly Society Respondent: Parramatta City Council
FILE NUMBER(S):	10942 of 2004
CORAM:	Roseth SC
KEY ISSUES:	Development Application :- s96 application
LEGISLATION CITED:
CASES CITED:
DATES OF HEARING:	20/07/2004 and 30/07/2004
EX TEMPORE JUDGMENT DATE :	07/30/2004
LEGAL REPRESENTATIVES:	Mr M Connel, solicitor Mr C gough, solicitor

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Roseth SC

30 July 2004

10942 of 2001 Grand United Friendly Society v Parramatta City Council

JUDGMENT

1 SENIOR COMMISSIONER: This is an application under s 96 of the Environmental Planning and Assessment Act 1979 to amend Stages 10 and 11 of the consent granted by the Court on 10 April 2002, in respect of the Constitution Hill Retirement Village at 1 Centenary Avenue, Old Toongabbie.

2 The applicant proposes to amend the consent by internal changes, enlarging balconies and changing the floor levels of buildings. Apart from one building, the floor levels are to be lower than in the approved development. In the case of one of the buildings (not identified on the plans by any letter or number) the floor level of the first floor is to be raised by 1.2m. The council supports the amendments.

3 The Court heard the evidence of Mr Sandeep Mohindroo, who lives at 47 Centenary Avenue, opposite the building that is to be raised. He told the Court that he was concerned about the additional impact on his privacy. The applicant said that the amount by which the building was to be raised could possibly be reduced. It asked for a week’s adjournment to consider the ways in which this could be achieved without compromising the integrity of the proposal. The Court granted the adjournment.

4 The amended drawings tendered on 30 July 2004 move the building 1m further from the common boundary and lower the height by about 200mm. On seeing the plans, Mr Mohindroo withdrew his objection. Given the council’s support and the objector’s satisfaction, the Court granted the consent orders sought by the parties.

Orders

1. The s96 application to amend Stages 10 and 11 of the consent granted by the Court on 10 April 2002 in respect of the Constitution Hill Retirement Village at 1 Centenary Avenue, Old Toongabbie is approved in accordance with Drawing Nos 454-DA01F, 454-DA02F.1, 454-DA03F.1, 454-DA04E.1, 454-DA05E.1, 454-DA06E, 454-DA7E, 454-DA12C, 454-DA15D.1, 454-DA30, and subject to the following condition:

“Sixty (60) large trees with a minimum pot size of 75 litres and capable of growing to a height of 6metres are to be planted from the following list along the eastern boundary (between 31 and up to 49 Centenary Avenue, Old Toongabbie):
Acmena Smithii, Backhousia, Myrtifolia or Acacia Bionervia.
Where these are not available, similar plants of the applicant’s choice may be substituted subject to approval by the council’s Tree management Officer.”

2. The exhibits are returned except Exhibit 1 and E.

_______________________
Dr John Roseth
Senior Commissioner