White v Parramatta City Council [2011] NSWLEC 1059

Land and Environment Court New South Wales

Medium Neutral Citation: White v Parramatta City Council [2011] NSWLEC 1059 Hearing dates: 22, 23 February 2011, 9 March 2011 Decision date: 11 March 2011 Jurisdiction: Class 1 Before: Brown C Decision: Appeals dismissed Catchwords: DEVELOPMENT APPLICATION - two development applications for the demolition of all existing improvements and the construction of a two-storey boarding house on two separate lot - impact on heritage significance of heritage item - suitability of proposed developments when compared to character of the area Legislation Cited: Parramatta Local Environmental Plan 2001 Parramatta Local Environmental Plan 1996 (Heritage and Conservation) Draft Parramatta Local Environmental Plan State Environmental Planning Policy (Affordable Rental Housing) 2009 Category: Principal judgment Parties: Nigel White (Applicant) Parramatta City Council (Respondent) Representation: Counsel: Ms S Duggan SC with Mr S Nash (Applicant) Mr S Kondilios, solicitor (Respondent) Solicitors: Blackstone Waterhouse Lawyers (Applicant) Maddocks Lawyers (Respondent) File Number(s): 10806 and 10807 of 2010

Judgment 1COMMISSIONER: These are two separate appeals against the refusal by Parramatta City Council (the council) of two development applications on two separate lots for the demolition of all existing improvements and the construction of a two-storey boarding house on each lot at 59 and 61 Victoria Road Parramatta. 2The parties agreed that evidence in one appeal is evidence in the other appeal and that both appeals be heard concurrently although separately determined. 3A s 34 Conciliation Conference was held on 2 December 2010 however no agreement was reached. The s 34 Conciliation Conference was ultimately terminated and at a mention on 9 December 2010, before the Registrar, it was agreed that a further site inspection was not necessary and that the evidence provided by residents at the s 34 Conciliation Conference on 2 December 2010 could be used as evidence in the hearing as the hearing was to be heard by the Commissioner who undertook the s 34 Conciliation Conference on 2 December 2010. 4Due to the unavailability of the allocated Commissioner, a mention was held on 22 February 2011 before me where it was agreed that a site inspection was to be held prior to the hearing, however insufficient time was available to advise residents of the changed circumstances and the need to again provide their evidence on -site. It was agreed that hearing should proceed on the basis of the on-site inspection and the expert evidence with the resident evidence provided on site on 9 March 2011.