Plazawest Pty Ltd v Parramatta City Council [2005] NSWLEC 279

Land and Environment Court of New South Wales

CITATION : Plazawest Pty Ltd v Parramatta City Council [2005] NSWLEC 279

APPLICANT Plazawest Pty Ltd PARTIES : RESPONDENT Parramatta City Council

FILE NUMBER(S) : 10686 of 2004

CORAM: Hussey C

KEY ISSUES: Development Consent :- Demolition - construction - basement parking

DATES OF HEARING: 19/04/2005 EX TEMPORE JUDGMENT DATE : 04/19/2005

APPLICANT Mr G Newport, barrister SOLICITORS Maclarens LEGAL REPRESENTATIVES: RESPONDENT Mr P Marincowitz, solicitor SOLICITORS Phillips Fox

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

3 May 2005

10686 of 2004 Plazawest Pty Ltd v Parramatta City Council

JUDGMENT

1 I am satisfied now that the development consent should be granted and I note that consent orders have been filed by the parties. 2 When this matter was initially considered a couple of weeks ago, I noted that it is a rather large development on the corner of Victoria Road and Church Streets, Parramatta, involving demolition of structures and construction of part four and five storey mixed use buildings comprising commercial space at ground level, 155 residential apartments over basement parking for 285 vehicles. 3 The matter has been subject to a detailed assessment report from the council planners in exhibit 1 and I have considered this report and also the matters that were raised at the last hearing. 4 At the last hearing I expressed some concern about the RTA requirements not being incorporated into the conditions and the contamination aspects which have now been covered by way of deferred commencement condition. In this case, I think that is appropriate so that the parties are aware that this is a primary condition of the consent that must be satisfied by way of investigation, work done and then certification that it is satisfactory, before the remainder of the consent comes into operation. 5 I was also concerned about the conflicting landscaping conditions because there was a complete lack of certainty with those conditions. That has now been rectified by way of the new landscaping plan which council has considered and now accepts. It is incorporated into the conditions and I think that is much clearer and acceptable. 6 All the other conditions of consent are acceptable and, as I note again, it is a major development and I rely on the assessment of the planning officer and no other issues have been raised. 7 There was the objector's concern from the adjoining newsagency. That concern has been reasonably addressed by way of conditions whereby his rear access for deliveries and services will be maintained during the construction programme for this major development and that is to be incorporated up front into the construction management plan which requires a traffic access plan to be determined before the application proceeds. 8 For these reasons then, the formal consent orders should be granted. 9 The exhibits may now be returned except for Exhibits 3, 4, 8, A and F.