Barrak v Parramatta City Council [2007] NSWLEC 528

Land and Environment Court of New South Wales

CITATION : Barrak v Parramatta City Council [2007] NSWLEC 528

APPLICANT Benjamin Barrak PARTIES : RESPONDENT Parramatta City Council

FILE NUMBER(S) : 10067 of 2007

CORAM: Brown C

KEY ISSUES: Development Application :- continued use of an existing cottage for commercial/retail purposes and the construction of five townhouses - conditions of approval

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 21/08/07

EX TEMPORE JUDGMENT DATE : 21 August 2007

APPLICANT Mr P Clay, barrister SOLICITORS Barrak Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr C Drury, solicitor SOLICITORS DLA Phillips Fox

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

21 August 2007

10067 of 2007 Benjamin Barrak v Parramatta City Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal by Parramatta City Council (the council) of DA 618/2005 for the continued use of an existing cottage for commercial/retail purposes and the construction of five townhouses at 63 Victoria Rd., Parramatta (the site).

2 By way of background, the development application was lodged with the council on 12 July 2005 and was refused on 26 February 2006. The appeal against the refusal was filed with the Court on 27 January 2007. On 31 January 2007, the applicant lodged an application to review the previous decision of the council under s 82A of the Environmental Planning and Assessment Act 1979. The s 82A revue application was not recommended for approval by council staff or an independent planning review however DA 618/2005 was approved by the council on 12 June. 2007.