Meehan Properties v Holroyd Council [2007] NSWLEC 570

Land and Environment Court of New South Wales

CITATION : Meehan Properties v Holroyd Council [2007] NSWLEC 570

Applicant: Meehan Properties Pty Ltd PARTIES : Respondent: Holroyd Council

FILE NUMBER(S) : 10377 of 2007

CORAM: Roseth SC

KEY ISSUES: Development Application :-

DATES OF HEARING: 04/09/2007 and 05/09/2007

EX TEMPORE JUDGMENT DATE : 5 September 2007

Applicant: LEGAL REPRESENTATIVES: Mr N Howie, solicitor of Wilshire Webb & Staunton Mr R Graham, solicitor of HWL Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

5 September 2007

10377 of 2007 Meehan Properties Pty Ltd v Holroyd Council

JUDGMENT 1 Senior Commissioner: This is an appeal against the refusal by Holroyd Council (the council) of a development application for a building containing a motor showroom, offices, vehicle servicing and sales and associated parking on lot 1 DP 805291, lot 38 section 4 DP 69348 and lot 1 DP 1102293, known as 306 Church Street and 10-12 Meehan Street, Granville.

The site 2 The site is at the corner of Church and Meehan Streets. Its area is 4,588m2. On the western boundary is No 14 Meehan Street, a heritage-listed cottage, of which Mr and Mrs Pearce are the owner occupants.

The proposal 3 The applicant proposes to develop the site for a motor showroom, offices, vehicle servicing and sales and associated parking.

Relevant planning instruments and policies 4 The Holroyd Local Environmental Plan 1991 zones 306 Church Street 3(c) and 10-12 Meehan Street 2(c). The proposal is permissible pursuant to cl 36 and Schedule 4 of the LEP, which permits car parking associated with an adjoining car dealership at 10-12 Meehan Street.