G & J Drivas Pty and Telado Pty Ltd v City of Parramatta Council [2025] NSWLEC 1033

Land and Environment Court New South Wales

Medium Neutral Citation: G & J Drivas Pty and Telado Pty Ltd v City of Parramatta Council [2025] NSWLEC 1033 Hearing dates: 12-14 November 2024 Date of orders: 23 January 2025 Decision date: 23 January 2025 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is dismissed. (2) The concept development application DA/960/2022 for partial demolition and alterations to the heritage listed building (Murrays Building) and an envelope of a new building (up to RL 67.100) on the site above the heritage building to be used for the purpose of commercial premises at 188 Church Street Parramatta is determined by way of refusal. (3) Exhibits are returned with the exception of Exhibit 1, and F. Catchwords: DEVELOPMENT APPLICATION – concept development application for building envelope, demolition and new work to the heritage building – impact of the concept development application on the heritage significance of the Murray's Building – impact of the concept development application on the heritage significance of Centenary Square – appeal dismissed Legislation Cited: Environmental Planning and Assessment Act 1979 Div 4.4 ss 4.21, 4.22, 4.24, ss 8.7 Land and Environment Court Act 1979 s 34 Parramatta Local Environmental Plan 2011 cll 1.4, 2.7, 4.4, 5.10, 7.1, 7.3, 7.5, 7.8, 7.11, 7.12, 7.20, Sch 5, Pt 7 Parramatta Local Environmental Plan 2023 cl 1.8A Cases Cited: The Uniting Church in Australia Property Trust (NSW) v Parramatta City Council [2018] NSWLEC 158 Texts Cited: Parramatta Development Control Plan 2011 Parramatta Development Control Plan 2023 Category: Principal judgment Parties: G & J Drivas Pty Ltd and Telado Pty Ltd (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: I Hemmings, SC (Applicant) A Seton, solicitor (Respondent)