Tompkin Whittle Pty Limited v Parramatta City Council [2009] NSWLEC 1252

Land and Environment Court of New South Wales

CITATION : Tompkin Whittle Pty Limited v Parramatta City Council [2009] NSWLEC 1252

APPLICANT Tompkin Whittle Pty Limited PARTIES : RESPONDENT Parramatta City Council

FILE NUMBER(S) : 11062 of 2008

CORAM: Moore SC

KEY ISSUES: DEVELOPMENT APPLICATION :-

LEGISLATION CITED: Land and Environment Court Act 1979 s34

DATES OF HEARING: 12 May 2009

EX TEMPORE JUDGMENT DATE : 12 May 2009

APPLICANT Mr D O'Donnell, solicitor Malleson Stephen Jaques LEGAL REPRESENTATIVES: RESPONDENT Mr P Marincowitz, solicitor DLA Phillips Fox

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE SC

12 May 2009

11062 of 2008 Tompkin Whittle Pty Limited v Parramatta City Council

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

1 SENIOR COMMISSIONER: On 30 May 2008, the applicant applied to Parramatta City Council (the council) for an integrated development comprising the demolition of the existing building on 5-7 Parkes Street, Parramatta (the site) which is a licensed restaurant for the replacement of that with a two storey registered club with two levels of basement car parking.

2 The matter proceeded to consideration by the council and, as a consequence, an appeal was commenced in the Court concerning the application. The appeal was set down for a conciliation conference pursuant to s 34 of the Land and Environment Act and I conducted the first stage of that conciliation conference on 13 March 2009 at the site.