Simon Tso v Holroyd City Council [2008] NSWLEC 1367

Land and Environment Court of New South Wales

CITATION : Simon Tso v Holroyd City Council [2008] NSWLEC 1367

PARTIES : Simon Tso v Holroyd City Council

FILE NUMBER(S) : 10456 of 2008

CORAM: Moore C - Taylor C

KEY ISSUES: Development Application - Development Control Plan :- "Compelling" reasons to change Master Plan

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

CASES CITED: Zhang v Canterbury City Council (2001) 115 LGERA 373

DATES OF HEARING: 19 August 2008

DATE OF JUDGMENT: 30 September 2008

APPLICANT Ms S Duggan, barrister INSTRUCTED BY LEGAL REPRESENTATIVES: Pikes Lawyers

RESPONDENT Mr R Graham, solicitor HWL Ebsworths

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C TAYLOR C

30 September 2008

08/10456 Simon Tso v Holroyd City Council

JUDGMENT 1 COMMISSIONERS: Holroyd Gardens is a substantial new residential estate constructed on a former brickworks site in close proximity to Merrylands station. Holroyd Gardens is a joint-venture development between Holroyd Council and a private property developer. Holroyd Gardens has a range of housing mixes across the various elements of the estate. It contains a number of heritage items from the former brickworks' operations but these are not relevant in the present proceedings.

2 The applicant has purchased 4 allotments that are located toward the western corner of the site. These allotments are each designated at the present time for single residential development in the Master Plan that has been adopted for the development. He now proposes to erect 18 apartments and consolidate the four allotments for this purpose.