Peter Weir and Associates v Parramatta City Council [2007] NSWLEC 353

Land and Environment Court of New South Wales

CITATION : Peter Weir and Associates v Parramatta City Council [2007] NSWLEC 353

APPLICANT Peter Weir and Associates PARTIES : RESPONDENT Parramatta City Council

FILE NUMBER(S) : 11065 of 2006

CORAM: Hussey C

KEY ISSUES: Development Application :- Vehicular bridge over roadway, aesthetics, public artwork, safety, precedence.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Sydney Regional Environmental Plan (SREP) 28 –Parramatta.

DATES OF HEARING: 14/05/2007

DATE OF JUDGMENT: 19 June 2007

APPLICANT Mr J. Maston, barrister Instructed by Robinson Legal LEGAL REPRESENTATIVES:

RESPONDENT Mr A. Pickup, solicitor of Storey and Gough

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

Date 19 June 2007

11065 of 2006 Peter Weir and Associates v Parramatta City Council

JUDGMENT Background. 1 This appeal was lodged against council's deemed refusal of a development application, which proposes the construction of a private cantilevered bridge over Anderson Street, Parramatta. The purpose of the bridge is to allow vehicular and pedestrian access between two automotive premises and for rooftop car storage of 91 spaces at 40-52 Church Street, so as to minimise traffic and pedestrian conflicts at the street level.

2 The proposed bridge would have the following characteristics: o 5m in width; o 21.114m in length; o 9.02m above the carriageway; o construction of steel frame, concrete roadway and coloured (blue and gold) metal side cladding, which is to be highlighted. 3 The proposed bridge is to span Anderson Street and if approved, would require agreement with council for the lease of this airspace.