NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Nicholas v Parramatta City Council [2009] NSWLEC 1345
APPLICANT Louis Nicholas PARTIES : RESPONDENT Parramatta City Council
FILE NUMBER(S) : 10043 of 2009
CORAM: Brown C
KEY ISSUES: DEVELOPMENT APPLICATION :- demolition of existing structures and the construction of two three-storey commercial buildings - traffic - heritage - noise - council concerns addressed by conditions - resident objections
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Parramatta Local Environmental Plan 2001 Parramatta Local Environmental Plan 1996 (Heritage and Conservation)
DATES OF HEARING: 10 September 2009
EX TEMPORE JUDGMENT DATE : 10 September 2009
APPLICANT Mr I Hemmings, barrister SOLICITORS Hunt & Hunt LEGAL REPRESENTATIVES: RESPONDENT Mr I Woodward, solicitor SOLICITORS Storey & Gough
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Brown C
10 September 2009
10043 of 2009 Louis Nicholas v Parramatta City Council
JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal of development application DA 174/2007 by Parramatta City Council (the council) for the demolition of existing structures and the construction of a three-storey commercial building consisting of a motor showroom over two levels of basement car parking and a three-storey commercial building containing a mechanical workshop, auto retail store, café and two levels of commercial suites over one level of basement parking. This building contains a defined fourth-storey but is described as a mezzanine level for the auto retail store and café areas on the ground floor. The site 2 The site consists of an L-shaped allotment generally known as 17-21 Woodville Road and 2-4 Milton Street Granville. The site is an amalgam of three lots known as Lot 100 in DP 1013005, Lot 1 in DP 743270 and Lot 2 in DP 210565. The site has an area of approximately 2,237 m sq and is located on the eastern side of Woodville Road with frontages to Halsall Street, Milton Street and Woodville Road.
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