Pingola Pty Ltd and Anor v Parramatta City Council [2012] NSWLEC 1270

Land and Environment Court New South Wales

Medium Neutral Citation: Pingola Pty Ltd and Anor v Parramatta City Council [2012] NSWLEC 1270 Hearing dates: 15 &16 May and 8 June 2012 Conditions filed 22 June 2012 Decision date: 28 September 2012 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is dismissed. 2. The development application for an affordable housing development at 27A and 31-35 Louis Street, Granville, is refused. 3. The exhibits, except Exhibits 1 and E, may be returned. Catchwords: DEVELOPMENT APPLICATION - Residential flat building affordable housing. Whether the proposed development is prohibited. Compatibility of the design of the development with the character of the local area. Legislation Cited: Environmental Planning and Assessment Act 1979 Parramatta Local Environmental Plan 2001 Parramatta Local Environmental Plan 2011 Standard Instrument - Principal Local Environmental Plan State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Affordable Rental Housing) Amendment 2011 State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development (SEPP 65) and State Environmental Planning Policy - Housing for Seniors or People with a Disability (Seniors SEPP). Cases Cited: Assaf v Parramatta City Council [2012] NSWLEC 1254 Chami v Bankstown City Council [2012] NSWLEC 1120 Centro Property Limited v Hurstville City Council & Anor [2004] NSWLEC 41 Chehade v Bankstown City Council [2012] NSWLEC 1122 Chehade v Bankstown City Council [2012] NSWLEC 221 Peninsula Development Australia Pty Ltd v Pittwater Council [2011] NSWLEC 1244 Project Venture Pty Ltd v Pittwater Council [2005] NSWLEC 191 Stebbing & Anor v Byron Shire Council [2012] NSWLEC 1129 Category: Principal judgment Parties: Pingola Pty Ltd and Finiqs Pty Ltd (Applicant)