Young v Parramatta City Council

Land and Environment Court

of New South Wales

CITATION:

Young v Parramatta City Council [2004] NSWLEC 245 revised - 26/05/2004

PARTIES:

APPLICANT
Greg Young

RESPONDENT
Parramatta City Council

FILE NUMBER(S):

(1)0279 of 2002

CORAM:

Nott C

KEY ISSUES:

Development Application :- Two dwellings for older people or people with a disability - new dwelling behind existing cottage - in a conservation area

LEGISLATION CITED:

Environmental Planning and Assessment Act 1979, s 97
State Environmental Planning Policy No 5--Housing for Older People or People with a Disability

CASES CITED:

Young v Parramatta City Council [2002] NSWLEC 176;
Young v Parramatta City Council [No. 2] [2002] NSWLEC 240;
Young v Parramatta City Council [No. 3] [2003] NSWLEC 73;
Young v Parramatta City Council [2003] NSWLEC 198

DATES OF HEARING:

9 & 10 September 2003, 4 & 5 December 2003

DATE OF JUDGMENT:

05/24/2004

LEGAL REPRESENTATIVES:

APPLICANT
Mr G Young, in person

RESPONDENT
Mr A Galasso, barrister
SOLICITORS
Storey & Gough

JUDGMENT:

IN THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES


(1)0279 of 2002

Nott C
24 May 2004

Young
Applicant
v

Parramatta City Council
Respondent

Reasons for Judgment



Overview

1 . This is an appeal against the council’s refusal of a development application under State Environmental Planning Policy No 5—Housing for Older People or People with a Disability (“ SEPP 5 ”) for a development comprising two dwellings at 43 Wyralla Ave, Epping. The subject site has an area of 723 sq m and is at the western end of the Wyralla Ave conservation area. Briefly, the proposed development involves the demolition of the outbuildings and unsympathetic rear extensions of an existing old weatherboard cottage and the carrying out of alterations and additions to the cottage, so that the cottage would be suitable as a single dwelling for use by disabled persons. Within the rear part of the subject land, it is intended to erect a small single-storey brick dwelling. The plans for which consent is sought are exhibits C and J.

2 . The statement of issues dated 23 October 2002 (ex A) raised many issues, about which I will make relevant findings in the course of this judgment.

3 . It was submitted on behalf of the council that the critical issue is whether, in the Wyralla Ave conservation area, the erection of a new dwelling in the rear yard of the subject site is acceptable. In deciding this issue, it seems to me that there is an important factor that distinguishes the present development application from previous applications in respect of the same site. What is now proposed is not the erection of a new dwelling as part of a dual occupancy (as in a previous application) but the carrying out of development of an essentially different nature (housing for older people or people with a disability) that is authorised by the enabling provisions of SEPP 5. Any provision of a local environmental plan or of a development control plan that is inconsistent with SEPP…