Nationwide Realty Parramatta Pty Ltd v Parramatta City Council [1989] NSWLEC 182

Land and Environment Court of New South Wales

CITATION : Nationwide Realty Parramatta Pty Ltd v Parramatta City Council [1989] NSWLEC 182 APPLICANT Nationwide Realty Parramatta Pty Ltd PARTIES : RESPONDENT Parramatta City Council FILE NUMBER(S) : 10657 of 1988 CORAM: Stein J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Assessment Act CASES CITED: Sydney City Council v. Claude Neon Ltd. (N.S.W. Court of Appeal 14 April 1989 Unreported DATES OF HEARING: DATE OF JUDGMENT: 05/01/1989

LEGAL REPRESENTATIVES:

JUDGMENT:

HIS HONOUR: By application filed in Court on 5 December 1988 Nationwide Realty Parramatta Pty. Ltd. appealed under s.97 of the Environmental Planning and Assessment Act against the decision of the Parramatta City Council on 5 April 1988 to refuse consent in respect of a proposed illuminated advertising structure on commercial premises at 426-428 Church Street, Parramatta.

The applicant had applied for approval with respect to 5 advertising signs and the Council consented to 4 but refused an application with respect to a sign to be located on the splayed concrete panel between ground and first floor on the north-western corner of the building.

Consent to the building was given by the Council in December 1984. The site is located on the south-eastern corner of Church and Grose Streets, Parramatta. The building has considerable architectural merit and is one of the better designed commercial buildings in the Parramatta CBD. It contrasts favourably with much of the nearby commercial development. The owner of the subject building has given exclusive naming rights of the building to the applicant.