Mina v City of Parramatta Council [2021] NSWLEC 1296

Land and Environment Court New South Wales

Medium Neutral Citation: Mina v City of Parramatta Council [2021] NSWLEC 1296 Hearing dates: 18 and 19 March 2021 Date of orders: 27 May 2021 Decision date: 27 May 2021 Jurisdiction: Class 1 Before: Espinosa C Decision: In the Development Application Appeal proceedings 2020/123194 the Court orders that: see judgment at [80]. In the Building Information Certificate Appeal proceedings 2020/239798 the Court orders that: see judgment at [81]. Catchwords: DEVELOPMENT APPEAL – use of as built enclosed balconies as winter gardens – bulk and scale – heritage conservation area – Floor Space Ratio – cl 4.6 written request for development application for use – orders BUILDING INFORMATION CERTIFICATE APPEAL – notional assessment – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.4, 1.5, 4.15, 6.25, 8.7, 8.25 Parramatta Local Environmental Plan 2011, cll 4.4, 4.6 and 5.10 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Cases Cited: Barton Securities Limited v Warringah Council & Others 170 LGERA 223; [2009] NSWLEC 179 Chapman v Warringah Council [2010] NSWLEC 1339 Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Ireland v Cessnock City Council (1999) 110 LGERA 311; [1999] NSWLEC 250 Landcorp Australia Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 174 Ricola Pty Ltd v Woollahra Municipal Council [2021] NSWLEC 1047 Taipan Holdings Pty Ltd v Sutherland Shire Council [1999] NSWLEC 276 Texts Cited: Parramatta Development Control Plan 2011 National Construction Code - Building Code of Australia Australian Design Guide, NSW Department of Planning and Environment Category: Principal judgment Parties: Proceedings 2020/123194 Maher Mina (Applicant) City of Parramatta Council (Respondent)