JKN Para Pty Ltd (administrator appointed) v City of Parramatta Council [2024] NSWLEC 1599

Land and Environment Court New South Wales

Medium Neutral Citation: JKN Para Pty Ltd (administrator appointed) v City of Parramatta Council [2024] NSWLEC 1599 Hearing dates: 12-14 and 22 August 2024 Date of orders: 27 September 2024 Decision date: 27 September 2024 Jurisdiction: Class 1 Before: O'Neill C and Thorpe AC Decision: The orders of the Court are: (1) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the application on 12 August 2024, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (2) The appeal is dismissed. (3) Development Application No. 493/2020 for two residential towers containing 708 apartments above an approved 7-storey podium, at 189 Macquarie Street, Parramatta, is refused. (4) The exhibits, other than exhibits 1 and E, are returned. Catchwords: DEVELOPMENT APPLICATION – residential towers above an existing podium – the proposal does not exhibit design excellence – inadequate side setbacks and building separation – inadequate solar access – detrimental internal amenity impacts Legislation Cited: Civil Procedure Act 2005 Environmental Planning and Assessment Act 1979, ss 4.15, 8.3, 8.7, 8.15(3) Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, s 38 Parramatta Local Environmental Plan 2011, cll 4.3, 4.4, 5.6, 7.11, 7.28 Parramatta Local Environmental Plan 2023, cl 1.8A State Environmental Planning Policy (Housing) 2021, Ch 4, ss 144, 147, 149; Sch 9 Cases Cited: BP Australia Ltd v Campbelltown City Council (1994) 83 LGERA 274 Carstens v Pittwater Council (1999) 111 LGERA 1; [1999] NSWLEC 249 Concrite Pty Ltd v South Sydney City Council (1998) 101 LGERA 170 Texts Cited: Apartment Design Guide Parramatta Development Control Plan 2011 Category: Principal judgment Parties: JKN Para Pty Ltd (administrator appointed) (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: P Tomasetti SC with D Robertson (Applicant) A Stafford (Respondent)