Kawkab Nassif v Holroyd City Council

Land and Environment Court

of New South Wales

CITATION:

Kawkab Nassif v Holroyd City Council [2004] NSWLEC 226

PARTIES:

APPLICANT
Mr Kawkab Nassif

RESPONDENT
Holroyd City Council

FILE NUMBER(S):

11388, 11389, 11390, 11391 and 11392 of 2003

CORAM:

Watts C

KEY ISSUES:

Development Application :- Character of the subdivision in the area
Non-Compliance of the subdivision with the frontage width
Character in the streetscape with garages taking up more than 50% of the width of the building
Inadequate area private open space for the rear four dwellings
Inadequate manoeuvring for vehicles into the garages at the rear
Solar access to rear courtyards.

LEGISLATION CITED:

Holroyd Local Environmental Plan 1991, (HLEP)
Development Control Plan No 1 - Guidelines for Parking, (DCP1)
Development Control Plan No 4 - Guidelines for Dual Occupancy, Villa/Townhouse adn Integrated Housing Development, (DCP4)
Development Control Plan No 6 - Guidelines for Subdivision, (DCP6)
Environmental Planning and Assessment Act 1979, ss 79C and 97

CASES CITED:

DATES OF HEARING:

15/04/2004

DATE OF JUDGMENT:

04/30/2004

LEGAL REPRESENTATIVES:

APPLICANT
Mr C C Gough, solicitor

SOLICITOR
Storey and Gough

RESPONDENT
Mr A J Seton, solicitor

SOLICITOR
Marsdens

JUDGMENT:

IN THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

11388, 11389, 11390, 11391 and 11392 of 2003 Watts C 30 April 2004

Mr Kawkab Nassif
Applicant

v Holroyd Council
Respondent

Judgment

1 These appeals under s 97 of the Environmental Planning and Assessment Act 1979, are against the decision of the Holroyd City Council (the council) to refuse development applications to demolish the existing dwellings, Torrens title subdivide into four allotments, construct civil works including driveways, retaining walls and below-ground detention tanks, and erect eight dual occupancies on land at Lots 11 and 12, DP 13154 being Nos 86 - 88 Hampden Road, South Wentworthville.
2 I visited the land in company with the parties on the morning of the hearing 15 April 2004.
3 I have concluded that the application should succeed after being assessed under s 79C of the Environmental Planning and Assessment Act 1979 .

The land
4 The land is situated on the eastern side of Hampden Road, South Wentworthville and is a rectangular shaped allotment, with a combined frontage of 33.53m and a depth of 63.37m, and an area of 2,139m2.
5 The land has a fall from the southeast corner to the northwest corner of about 1m.
6 Erected on the land are two dwellings that are not listed as items of heritage. There is no significant vegetation on the land.
7 The area is characterised by single dwellings on large allotments. There are older style dwellings nearby.
8 To the north and abutting the land is a medium-density development containing eight units. To the south is a new two-storey dwelling. To the east and immediately adjoining are two lots of villa units. The eastern side of Hampden Road has been developed with single residences and is characterised by large lots of similar size and frontage to the subject land. On the western side, lots are…