Hales v Parramatta City Council

Land and Environment Court New South Wales Medium Neutral Citation: Hales v Parramatta City Council [2015] NSWLEC 1210 Hearing dates:22 May 2015Date of orders: 17 June 2015 Decision date: 17 June 2015 Jurisdiction:Class 1Before: Tuor C Decision: 1. The appeal is dismissed.2. The development application (505/2014) to construct an extension of a driveway within the front setback area and a second vehicle crossing with a gate at 84 Eastwood Avenue, Epping, is refused.3. The exhibits, except Exhibits 1 and A, are returned. Catchwords: DEVELOPMENT APPLICATION: extension of driveway and a second vehicle crossing with a gate. Impact on character of the area. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 (LEC Act) Parramatta Local Environmental Plan 2011 Cases Cited: Davies v Penrith City Council [2013] NSWLEC 1141 Pafburn v North Sydney Council [2005] NSWLEC 444 Category:Principal judgmentParties: James and Emily Hales (Applicant) Parramatta City Council (Respondent) Representation: Counsel: Mr M Staunton (Applicant) Solicitors: Mr G Hartley of Hartley Solicitors (Applicant) Mr A Gough of Storey Gough Lawyers (Respondent) File Number(s):10233 of 2015Judgment This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal by Parramatta City Council (council) of a development application (505/2014) to construct an extension of a driveway within the front setback area and a second vehicle crossing with a gate at 84 Eastwood Avenue, Epping (site). The key issue in dispute between the parties is whether the proposal is inconsistent with the...