HB & B Property Pty Ltd v City of Parramatta Council [2021] NSWLEC 1393

Land and Environment Court New South Wales

Medium Neutral Citation: HB & B Property Pty Ltd v City of Parramatta Council [2021] NSWLEC 1393 Hearing dates: 10-12 May 2021 Date of orders: 8 July 2021 Decision date: 08 July 2021 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The appeal is dismissed. (2) Development application No. DA 85/2019 for a seniors housing development at 43-47 Murray Farm Road and 13-19 Watton Road, Carlingford is refused. (3) The exhibits are returned with the exception of Exhibits 1 and A-E. Catchwords: DEVELOPMENT APPLICATION – seniors housing –residential care facility – streetscape character compatibility – neighbour impact – solar access for occupants – balancing impact and public benefit Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Parramatta (former The Hills) Local Environmental Plan 2012, cl 2.3 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, cll 25-27, 30-40, 46-48 Cases Cited: GPC No 5 (Wombarra) Pty Ltd v Wollongong City Council (2003) 131 LGERA 383; [2003] NSWLEC 268 New Century Developments Pty Limited v Baulkham Hills Shire Council (2003) 127 LGERA 303; [2003] NSWLEC 154 Project Venture Developments v Pittwater Council (2005) 141 LGERA 80; [2005] NSWLEC 191 Texts Cited: Seniors Living Policy: Urban Design Guideline for Infill Development The Hills Development Control Plan 2012 Category: Principal judgment Parties: HB & B Property Pty Ltd (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: R White (Applicant) L Sims (Respondent)