Land and Environment Court
New South Wales
Medium Neutral Citation: Revelop Projects Pty Limited v Parramatta City Council [2014] NSWLEC 1167 Hearing dates: 28 July 2014 Decision date: 30 July 2014 Jurisdiction: Class 1 Before: Moore SC Decision: (1)The appeal is dismissed.
(2)Development Application No. DA/674/2012 for demolition of existing structures, removal of trees and construction of a boarding house at 9 Evans Road, Telopea is determined by the refusal of development consent; and
(3)The exhibits, other than Exhibits A, B, J and 2 are returned.
Catchwords: PLANNING PRINCIPLES: the planning principle in Project Venture Developments v Pittwater Council re-endorsed by the Commissioners of the Court Legislation Cited: Parramatta Development Control Plan 2011
Parramatta Local Environmental Plan 2011
State Environmental Planning Policy (Affordable Rental Housing) 2009
State Environmental Planning Policy 65 - Design Quality of Residential Flat DevelopmentCases Cited: Botany Bay City Council v Premier Customs Services Pty Ltd [2009] NSWCA 226; (2009) 172 LGERA 338
Project Venture Developments v Pittwater Council [2005] NSWLEC 191; (2005) 141 LGERA 80
Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 492; (2004) 136 LGERA 254Category: Principal judgment Parties: Revelop Projects Pty Limited (Applicant)
Parramatta City Council (Respondent)Representation: Mr M Staunton, barrister (Applicant)
Mr A Seton, solicitor (Respondent)
Thomsons Lawyers (Applicant)
Marsdens Law Group (Respondent)
File Number(s): 10025 of 2014
Judgment
SENIOR COMMISSIONER: Telopea is a suburb that is currently at the beginning of a characterisation change envisaged by the planning controls for the area. The transition that is anticipated is one that will, in effect, dilute the current level of public social housing on the land and also will increase the intensity of development so that a large area of what is currently generally single storey residential premises will be developed for higher densities of varying heights (ranging in size up to buildings of 20 metres).
The present proceedings concern an application for approval to construct a boarding house described by the applicant's town planner, Mr Shanahan, as a "new generation boarding house" on the corner of Shortland Street and Evans Road at Telopea. The site is identified as part of the area to undergo renewal by the Parramatta Local Environmental Plan 2011 (the LEP), a plan that has been prepared under the standard instrument template regime.
On 13 November 2012, the applicant lodged Development Application 674 of 2012 seeking consent for the demolition of the existing dwelling on the site, removal of vegetation on it, and construction of a boarding house above basement car parking. Parramatta City Council (the Council) subsequently assessed the development application and determined it by refusal. The basis for the refusal has been set out in the notice of determination and led to the proceedings that are currently before the Court.
In these proceedings, the Council defends its refusal of the application and raises a number of matters as warranting refusal. They are set out in the Statement of Facts and Contentions (Exhibit 2) from p 12. They are under the…
Keep reading for free
Create a free CaseChat account to read Revelop Projects Pty Ltd v Parramatta City Council and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2014] NSWLEC 1167
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the council's decision was unreasonable, whether the decision-making process adhered to relevant legislative requirements, and if the council had properly considered all relevant factors, including environmental and heritage impacts. The applicant argued that the council's decision was based on an incorrect interpretation of the planning scheme and failed to appropriately weigh the merits of the proposal. The council, on the other hand, maintained that its decision was reasonable and in accordance with the law.
The court found that the council's decision-making process was lawful and that the council had properly considered all relevant factors, including environmental and heritage impacts. The court held that the council's decision was not unreasonable, as the applicant had not demonstrated any errors of law or significant errors of fact that would warrant overturning the decision. The court also found that the applicant had not established that the council had failed to consider relevant matters or had acted irrationally. As a result, the appeal was dismissed, and the development application was refused.
Orders
Orders of the court
(1)The appeal is dismissed.
(2)Development Application No. DA/674/2012 for demolition of existing structures, removal of trees and construction of a boarding house at 9 Evans Road, Telopea is determined by the refusal of development consent; and
(3)The exhibits, other than Exhibits A, B, J and 2 are returned.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.