Michael Hesse v Parramatta City Council [2003] NSWLEC 313

> Land and Environment Court of New South Wales

CITATION : Michael Hesse v Parramatta City Council [2003] NSWLEC 313 revised - 24/11/2003 PARTIES : Michael Hesse Associates Pty Ltd v Parramatta City Council FILE NUMBER(S) : 10675 of 2003 CORAM: Roseth SC KEY ISSUES: Development Application - Existing Use Rights :- heritage impact LEGISLATION CITED: CASES CITED: DATES OF HEARING: 19/11/2003 to 21/11/2003 EX TEMPORE JUDGMENT DATE : 11/21/2003

Applicant: Mr Green, solictor Pike Pike & Fenwick, solicitors LEGAL REPRESENTATIVES: Respondent: Mr P Tomasetti, barrister instructed by Mr C Gough of Storey & Gough

JUDGMENT:

- IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 10675 of 2003

Roseth SC

21 November 2003 Michael Hesse Associates Pty Ltd Applicant v Parramatta City Council Respondent Judgment

Introduction 1 This is an appeal against the refusal by Parramatta City Council (the council) of a development application to convert the Mercure Motel on lot 101 DP 840898, known as 104-106 Hassall Street, Rosehill, into an apartment building.

The site 2 The site is on the north side of Hassall Street, between James Ruse Drive and Arthur Street, 500m from the Parramatta River, 1.5 km from the east of Parramatta CBD and 500m from the Rosehill Gardens Race Course. Its area is 5,000m2. The existing nine-storey high building accommodates 165 motel suites, 181 car spaces and associated facilities. 3 To the north is an undeveloped parcel with light industry and recreation beyond. To the south is Hassall Street, which is a four-lane arterial road. To the east is the Rosehill Bowling Club. To the west are several single-storey houses fronting Arthur Street. The majority of development in the vicinity is single-storey houses. 4 The site is in a locality, called the Harris Park Precinct, which is replete with historic associations, landscape and buildings. The Parramatta Regional Planning Strategy identifies it as a Nationally Significant Heritage Precinct. It contains three significant items related to the earliest days of white settlement: Elizabeth Farm House, Hambleton Cottage and Experiment Farm. Elizabeth Farm House is about 300m to the south. Hambleton Cottage is about 500m west of the site. The Female Orphan School, which is outside the Precinct, is also a significant heritage item, from which the Mercure Motel is visible.