Smartspace Consultants Pty Limited v Parramatta City Council [2004] NSWLEC 44

Land and Environment Court of New South Wales

CITATION : Smartspace Consultants Pty Limited v Parramatta City Council [2004] NSWLEC 44 APPLICANT Smartspace Consultants Pty Limited PARTIES : RESPONDENT Parramatta City Council FILE NUMBER(S) : 11477 of 2003 CORAM: Watts C Development Application :- 'Multi unit housing' development KEY ISSUES: The character of the proposal in the locality and the zone objectives Certainty and imminence of the draft plan Issues raised by objectors Parramatta Local Environmental Plan 2001, (PLEP2001) LEGISLATION CITED: Parramatta Development Control Plan, (PDCP2001) Environmental Planning and Assessment Act 1979, ss 79C and 97 CASES CITED: DATES OF HEARING: 11/02/2004 DATE OF JUDGMENT: 02/18/2004

APPLICANT Mr G L Castellan, solicitor of Coleman & Greig

LEGAL REPRESENTATIVES: RESPONDENT Mr C C Gough, solicitor of Storey & Gough

JUDGMENT:

In the Land and Environment Court of New South Wales

Smartspace Consultants Pty Limited v Parramatta City Council

Judgment

1 This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979, against the deemed refusal by Parramatta City Council, (the council) of a development application to demolish the existing dwelling on the land, to erect a 'multi unit housing' development comprising four (4) dwellings and to strata subdivide Lot 5 DP 243258, being No 19 Constitution Road, Wentworthville.