D & C Consortium Pty Ltd v Parramatta City Council [2012] NSWLEC 1108

Land and Environment Court New South Wales

Medium Neutral Citation: D & C Consortium Pty Ltd v Parramatta City Council [2012] NSWLEC 1108 Hearing dates: 23-24 April 2012 Decision date: 02 May 2012 Jurisdiction: Class 1 Before: Morris C Decision: Appeal Upheld Catchwords: Development application; weight to be given to local environmental plan that has commenced, whether development is consistent with the objectives and future planning intent. Legislation Cited: Parramatta Local Environmental Plan 2011 Parramatta Local Environmental Plan 2001 Cases Cited: Blackmore Design Group Pty Ltd v North Sydney Council [2001] NSWLEC 279 Bris v Parramatta City Council [2012] NSWLEC 1046 Terrace Tower Holdings Pty Ltd v Sutherland Shire Council (2003) NSWCA 289 Texts Cited: Parramatta Development Control Plan 2005 Category: Principal judgment Parties: D & C Consortium Pty Ltd (Applicant)

Parramatta City Council (Respondent) Representation: Solicitors Mr J McKee McKees Legal Solutions (Applicant)

Mr A Seton Marsdens Lawyers (Respondent) File Number(s): 11107 of 2011

Judgment 1This is an appeal against the refusal by Parramatta City Council of development application DA/314/2011 for the demolition of an existing dwelling and construction of a multi unit housing development comprising four townhouses over basement car park at 81 Buller Street, North Parramatta. 2The issues in the appeal are whether the application should be refused because the proposed development is now prohibited under Parramatta Local Environmental Plan 2011 (LEP2011), and whether the height, floor space ratio and design of the building are appropriate and satisfy the aims and objectives of the 2B Residential zone under Parramatta Local Environmental Plan 2001 (LEP2001) and if the development is in the public interest.