Stateland Central Pty Limited v Parramatta City Council [2008] NSWLEC 1350

Land and Environment Court of New South Wales

CITATION : Stateland Central Pty Limited v Parramatta City Council [2008] NSWLEC 1350

APPLICANT Stateland Central Pty Limited PARTIES : RESPONDENT Parramatta City Council

FILE NUMBER(S) : 10342 of 2008

CORAM: Murrell C

KEY ISSUES: Development Application - Modification Application :- mixed use commercial retail residential building, bulk and scale, impact on heritage items, FSR, height, streetscape and urban design.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Parramatta Local Environmental Plan 2007 State Environmental Planning Policy No. 65 Parramatta Development Control Plan

CASES CITED: North Sydney CC v Michael Stanley [Court of Appeal May 1998]

DATES OF HEARING: 11/07/2008 and 14/07/2008

EX TEMPORE JUDGMENT DATE : 14 July 2008

APPLICANT Mr P. Jackson, solicitor of Pikes Lawyers LEGAL REPRESENTATIVES:

RESPONDENT Mr P. Marincowitz, solicitor of DLA Phillips Fox

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

14 July 2008

10342 of 2008 Stateland Central Pty Limited v Parramatta City Council This determination was given extemporaneously and it has been edited prior to publication

JUDGMENT 1 This is an appeal under s 96(6) of the Environmental Planning and Assessment Act against Parramatta City Council's refusal of a modification application to a mixed use commercial retail residential building at the property known as 8 Cowper Street, being 2-20 Cowper Street Parramatta. The subject site is on the southern edge of the City of Parramatta and is relatively proximate to the Harris Park Railway Station. It forms a southern edge of the City of Parramatta.