Assaf v Parramatta City Council [2012] NSWLEC 1254

Land and Environment Court New South Wales

Medium Neutral Citation: Assaf v Parramatta City Council [2012] NSWLEC 1254 Hearing dates: 17 July, 10 August 2012 Decision date: 11 September 2012 Jurisdiction: Class 1 Before: Pearson C Decision: Appeal dismissed Catchwords: DEVELOPMENT APPLICATION - Affordable rental housing - Equivalent zone Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Parramatta Local Environmental Plan 2001 Parramatta Local Environmental Plan 2011 Standard Instrument (Local Environmental Plans) Order 2006 State Environmental Planning Policy (Affordable Housing) 2009 State Environmental Planning Policy (Affordable Rental Housing) Amendment 2011 Cases Cited: Chami v Bankstown City Council [2011] NSWLEC 1311 Chami v Blacktown City Council [2012] NSWLEC 1120 Chehade v Bankstown City Council [2012] NSWLEC 1122 Stebbings v Byron Shire Council [2012] NSWLEC 1129 Category: Principal judgment Parties: Elias Assaf (Applicant) Parramatta City Council (Respondent) Representation: Solicitors Mr M Mantei (Applicant) Ms C Morton (Respondent) File Number(s): 10199 of 2012

Judgment 1This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 (the Act) against the refusal by Parramatta City Council (the Council) of Development Application DA/312/2011 for demolition, tree removal and construction of multi unit housing at 2 Mayfield Street Wentworthville (the site).