Reported Decision: (2007) 161 LGERA 118
Land and Environment Court
of New South Wales
CITATION: Walsh v Parramatta City Council and Alam [2007] NSWLEC 255
This decision has been amended. Please see the end of the judgment for a list of the amendments.PARTIES: APPLICANT
Colin Thomas WalshFIRST RESPONDENT
SECOND RESPONDENT
Parramatta City Council
Elie AlamFILE NUMBER(S): 40272 of 2006 CORAM: Preston CJ KEY ISSUES: Judicial Review :- development consent - alleged breach of development standards for height and floorspace ratio - alleged failure to consider overshadowing - alleged failure to consider disabled access LEGISLATION CITED: Disability Discrimination Act 1992 (Cth) s 79C(1)(a) CASES CITED: Abebe v Commonwealth of Australia (1999) 197 CLR 510;
Akpan v Minister for Immigration Ethnic Affairs (1982) 58 FLR 47;
Bruce v Cole (1998) 45 NSWLR 163;
Brunetto v Collector of Customs (1984) 4 fcr 92;
Buresti v Beveridge (1990) 158 ALR 445;
Elliott v Southwark London Borough Council [1976] 1 WLR 499;
Gidaro v Secretary Department of Social Security (1988) 154 ALR 550;
Foster v Minister for Customs (2000) 200 CLR 442;
Kindimindi Investments Pty Ltd v Lane Cove Council (2006) 143 LGERA 277;
Makhoul v Parramatta City Council [2006] NSWLEC 386 (21 June 2006);
Minister for Immigration and Multi-Cultural Affairs v Yusuf (2001) 206 CLR 323;
Minister for Immigration and Ethnic Affairs v Wu Shang Liang (1996) 185 CLR 259;
Noble v Cowra Shire Council (2001) 114 LGERA 440;
R v War Pensions Entitlement Appeal Tribunal; Ex parte Bott (1933) 50 CLR 228;
Randwick Municipal Council v Manousaki (1988) 66 LGRA 330;
Re Queensland Electricity Commission; Ex parte Electrical Trades Union of Australia (1987) 72 ALR 1;
Sean Investments Pty Ltd v MacKellar (1981) 38 ALR 363;
Zhang v Canterbury City Council (2001) 51 NSWLR 589DATES OF HEARING: 03/10/2006, 04/10/2006, 05/10/2006, 06/10/2006; MENTIONS: 07/02/2007, 19/02/2007, 05/03/2007, 30/04/2007
DATE OF JUDGMENT:
8 May 2007LEGAL REPRESENTATIVES: APPLICANT
Mr J Johnson (barrister)
SOLICITORS
James SoulosFIRST RESPONDENT
SECOND RESPONDENT
Submitting appearance
Mr T O Bland (barrister)
SOLICITORS
R M Legal
JUDGMENT:
THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALESPRESTON CJ
8 MAY 2007
40272 OF 2006
WALSH V PARRAMATTA CITY COUNCIL and ALAM
JUDGMENT
1 HIS HONOUR: Mr Walsh lives in a single storey house at 126 Bettington Road, Oatland. Dr Alam is his neighbour to the north, at 128 Bettington Road, Oatland. Dr Alam wishes to redevelop his property by erecting a double storey dwelling. Mr Walsh is opposed to the new dwelling. He says it will impact significantly on the use and enjoyment of his property. Dr Alam sought and eventually was granted by Parramatta City Council development consent to erect the new dwelling. Mr Walsh has brought proceedings to challenge the validity of the development consent.
The development application and its determination
2 On 14 November 2004, Dr Alam lodged a development application with the Council, being the relevant consent authority, seeking development…
Keep reading for free
Create a free CaseChat account to read Walsh 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
- [2007] NSWLEC 255
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
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.