Bruce Lyon Holdings Pty Ltd trading as Bruce Lyon Holdings Pty Ltd v City of Parramatta Council trading as City of Parramatta Council [2022] NSWLEC 1705

Land and Environment Court New South Wales

Medium Neutral Citation: Bruce Lyon Holdings Pty Ltd trading as Bruce Lyon Holdings Pty Ltd v City of Parramatta Council trading as City of Parramatta Council [2022] NSWLEC 1705 Hearing dates: 7-9 November 2022 Date of orders: 16 December 2022 Decision date: 16 December 2022 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a result of the amendment, as agreed or assessed. (2) The appeal is dismissed (3) Development application No 944/2021 for the demolition of all existing buildings and structures on the site, excavation for 5 levels of basement car parking, construction of a 3 level commercial podium, 2 x residential towers containing 117 residential dwellings and public through-site link is refused. (4) All Exhibits are returned except for Exhibits A, B, C, D, E, F, K, L, O, P, Q, R, S, T, V, 13 and 14. Catchwords: DEVELOPMENT APPLICATION — mixed use development in B2 Local Centre zone – design quality of residential apartment development – traffic impacts – whether ongoing operation of a classified road will be adversely affected by the development Legislation Cited: Draft Consolidated Parramatta Local Environmental Plan 2020, cl 1.8A Environmental Planning and Assessment Act 1979, ss 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Parramatta Local Environmental Plan 2011 State Environmental Planning Policy (Transport and Infrastructure) 2021, Sch 3, ss 2.119, 2.122 Texts Cited: Parramatta Development Control Plan 2011 Roads and Traffic Authority, Guide to Traffic Generating Developments 2002 Australian Standard AS1742.10-2009 Australian Standard AS2890.1:2004 Category: Principal judgment Parties: Bruce Lyon Holdings Pty Ltd trading as Bruce Lyon Holdings Pty Ltd (Applicant) City of Parramatta Council trading as City of Parramatta Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) M Staunton (Respondent)