Fusion Sydney Pty Ltd v City of Parramatta Council

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Fusion Sydney Pty Ltd v City of Parramatta Council [2016] NSWLEC 1367 Hearing dates:22 August 2016Date of orders: 23 September 2016 Decision date: 30 August 2016 Jurisdiction:Class 1Before: Dickson C Decision: Directions for amended plans & conditions at [85]. Catchwords: DEVELOPMENT APPLICATION: Certainty of solar access from skylights; impact of vehicular turning area on streetscape; landscaping in front setback.; Public submissions and objections. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Conveyancing Act 1919 Category:Principal judgmentParties: Fusion Sydney Pty Ltd (Applicant) City of Parramatta Council (Respondent) Representation: Mr. D Loether, Bartier Perry (Applicant) Mr. A Gough, Storey & Gough (Respondent) File Number(s):2016/00161874Judgment COMMISSIONER: This is an appeal, pursuant to the provisions of s 97(b) of the Environmental Planning and Assessment Act 1979 (EPA Act), against the refusal by City of Parramatta Council (the Council) of Development Application number DA818/2014. This application sought approval for: demolition, tree removal, consolidation and subdivision into three lots; and the construction of two attached and one detached torrens titled dual occupancies (the original proposal) at 18-20 Mobbs Lane, Carlingford (the site). The appeal was subject to mandatory conciliation on 15 February 2016, in accordance with the provisions of s 34 of the Land and Environment Court Act 1979 (LEC Act). Following the initial conciliation the conference was adjourned to allow the applicant to further address the matters raised by the Council and the residents who provided evidence...