Land and Environment Court
New South Wales
Medium Neutral Citation: Hales v Parramatta City Council [2015] NSWLEC 1210 Hearing dates: 22 May 2015 Date of orders: 17 June 2015 Decision date: 17 June 2015 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is dismissed.
2. The development application (505/2014) to construct an extension of a driveway within the front setback area and a second vehicle crossing with a gate at 84 Eastwood Avenue, Epping, is refused.
3. The exhibits, except Exhibits 1 and A, are returned.Catchwords: DEVELOPMENT APPLICATION: extension of driveway and a second vehicle crossing with a gate. Impact on character of the area. Legislation Cited: Environmental Planning and Assessment Act 1979
Land and Environment Court Act 1979 (LEC Act)
Parramatta Local Environmental Plan 2011Cases Cited: Davies v Penrith City Council [2013] NSWLEC 1141
Pafburn v North Sydney Council [2005] NSWLEC 444Category: Principal judgment Parties: James and Emily Hales (Applicant)
Parramatta City Council (Respondent)Representation: Counsel:
Mr M Staunton (Applicant)Solicitors:
Mr A Gough of Storey Gough Lawyers (Respondent)
Mr G Hartley of Hartley Solicitors (Applicant)
File Number(s): 10233 of 2015
Judgment
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This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal by Parramatta City Council (council) of a development application (505/2014) to construct an extension of a driveway within the front setback area and a second vehicle crossing with a gate at 84 Eastwood Avenue, Epping (site).
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The key issue in dispute between the parties is whether the proposal is inconsistent with the character of the area (Contention 1).
Site and locality
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The site is located on the northern side of Eastwood Avenue. It is rectangular in shape with a frontage of 30.48m and an area of 1532sqm. The site is developed with a two storey dwelling that has been recently extended with a new driveway on the western side boundary and turning bay forward of the house. The driveway leads to a porte-cochere which provides covered access to the house and to the double garage located at the rear of the lot.
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The site adjoins residential development and the locality is predominantly one and two storey dwellings in landscaped settings. The subdivision pattern is of allotments with frontages of about 15m and the site and one other site are the only “double blocks” in the street, although the site is on one title.
Planning controls
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The site is zoned R2 Low Density Residential under Parramatta Local Environmental Plan 2011 (the LEP) and the development is permissible with consent. Clause 2.3(2) of the LEP provides that regard must be had to the objectives of the R2 Zone. The site is within the Epping/Eastwood Conservation Area (HCA) and under cl 5.10(4) of the LEP the effect of the proposed development on the heritage significance of the HCA must be considered. The council did not contend that these matters were not satisfied.
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Parramatta Development Control Plan 2011 (the DCP) is relevant. Part 3 – Development…
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- Case
- [2015] NSWLEC 1210
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the Parramatta City Council's refusal of the development application was justified under the relevant planning legislation. Specifically, the court had to determine if the proposed driveway extension and vehicle crossing complied with the local planning instruments and whether they conformed to the development standards and objectives outlined in the applicable planning policies and guidelines.
In reaching its decision, the court carefully reviewed the evidence and submissions presented by both parties. It found that the proposed development did not align with the planning policies aimed at preserving the character of the area and maintaining appropriate setbacks. The court held that the extension of the driveway into the front setback area and the addition of a second vehicle crossing with a gate would significantly alter the existing landscape and contravene the relevant planning provisions. Consequently, the court dismissed the appeal and upheld the council's decision to refuse the development application. The exhibits, except for Exhibits 1 and A, were returned to the parties.
Orders
Orders of the court
1. The appeal is dismissed.
2. The development application (505/2014) to construct an extension of a driveway within the front setback area and a second vehicle crossing with a gate at 84 Eastwood Avenue, Epping, is refused.
3. The exhibits, except Exhibits 1 and A, are returned.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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