Emerald Logic Pty Ltd v Parramatta City Council [2004] NSWLEC 256

Land and Environment Court of New South Wales

CITATION : Emerald Logic Pty Ltd v Parramatta City Council [2004] NSWLEC 256 APPLICANT Emerald Logic Pty Ltd PARTIES : RESPONDENT Parramatta City Council FILE NUMBER(S) : 11330 and 11331 of 2003 CORAM: Tuor C. Development Application :- Mixed use residential and commercial development Role of LEP KEY ISSUES: Residential amenity traffic overshadowing privacy height traffic LEGISLATION CITED: Parramatta Local Environmental Plan 2001 State Environmental Planning Policy No 65 CASES CITED: DATES OF HEARING: 11/05/2004 EX TEMPORE 05/12/2004 JUDGMENT DATE :

APPLICANT Mr J Bingham Solicitors Deacons LEGAL REPRESENTATIVES: RESPONDENT Mr Gough Solicitors Storey Gough

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 11330 and 11331 of 2003

Tuor C

12 May 2004 EMERALD LOGIC PTY LTD Applicant v PARRAMATA CITY COUNCIL Respondent Judgment

Introduction 1 This is an appeal against the deemed refusal by Parramatta City Council (the council) of two development applications for a mixed use development at 301-315 Woodville Road, Guilford (Appeal No. 11330 of 2003) and 317-319 Woodville Road, Guilford (Appeal No. 11331 of 2003). The parties agreed that the appeals should be heard together and sought consent orders from the Court.