Thurkral v Parramatta City Council [2011] NSWLEC 1019

Land and Environment Court New South Wales

Medium Neutral Citation: Thurkral v Parramatta City Council [2011] NSWLEC 1019 Hearing dates: 30 November 2010, 20 January 2011 Decision date: 08 February 2011 Jurisdiction: Class 1 Before: Dixon C Decision: 1. The appeal is upheld. 2. Development consent is granted to DA/111/2010 for the conversion of the dwelling house at 26 Gore Street, Parramatta into a 6-bedroom boarding house for a maximum of 10 people subject to the amended plans and the conditions as amended by this judgment. 3. The council is directed to settle the conditions and submit them to the Court in an electronic form within 7 days of this judgment. 4. Upon receipt of the conditions the exhibits will be returned except exhibits 2,4,C, and E. Catchwords: Appeal: - application to convert existing 4 bedroom dwelling house into a 6 bedroom boarding house - affordable rental housing - social impact on existing character of the locality. Legislation Cited: State Environmental Planning Policy (Affordable Rental Housing) 2009 Environmental Planning and Assessment Act 1979 Parramatta Local Environmental Plan 2001 Parramatta Development Control Plan 2005 Draft Parramatta Local Environmental Plan 2010 Cases Cited: Hastings Point Progress Association Inc v Tweed Shire Council [2009] NSWCA285 Benevolent Society v Waverley Council (2010) NSWLEC 1082 Terrace Tower Holdings Pty Ltd v Sutherland Shire Council (2003) NSWCA 289 Transport Action Group Against Motorways Inc v Roads &Traffic Authority [1999] NSWCA 196 Renaldo Plus 3 PTY Limited v Hurstville City Council [2005] NSW LEC 315 New Century Development Pty Limited v Baulkham Hills Shire Council [2003] NSWLEC 154 Category: Principal judgment Parties: Anurag and Anju Thukral (Applicant) Parramatta City Council (Respondent) Representation: Anthony Whealy Lawyer (Applicant) Adam Seaton Lawyer (Respondent) Gadens Lawyers (Applicant) Marsdens Law Group (Respondent) File Number(s): 10713 of 2010