Tilrox Pty Ltd v Holroyd City Council [2012] NSWLEC 1311

Land and Environment Court New South Wales

Medium Neutral Citation: Tilrox Pty Ltd v Holroyd City Council [2012] NSWLEC 1311 Hearing dates: 16 - 17 August 2012 Decision date: 06 November 2012 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Development Application No. 2010/527 for an affordable housing development comprising 4 units in a one and two storey residential apartment building and basement parking, at 106 Pitt Street, Merrylands is approved, subject to conditions in Annexure A. 3. The exhibits, other than exhibits 9 and A, are returned. Catchwords: DEVELOPMENT APPLICATION: demolition of an existing cottage and construction of a one and two storey residential apartment building, permissibility, bulk and scale, amenity impacts. Legislation Cited: Land and Environment Court Act 1979 Environmental Planning and Assessment Act 1979 Cases Cited: Chami v Bankstown [2012] NSWLEC 1120 Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Category: Principal judgment Parties: Mr Robert Sassen (Applicant) Holroyd City Council (Respondent) Representation: Mr Turvey To (Barrister) (Applicant) Mr Adam Seton (Solicitor) (Respondent) John Fisher Business Lawyers (Applicant) Marsdens Law Group (Respondent) File Number(s): 10180 of 2012

Judgment 1COMMISSIONER: This is an appeal pursuant to the provisions of s97 of the Environmental Planning and Assessment Act 1979 against the refusal of development application No. 2010/527 (the application) by Holroyd City Council (the Council) for the demolition of the existing dwelling and construction of an affordable housing development comprising 5 units in a two storey building and basement parking, at 106 Pitt Street, Merrylands (sometimes also referred to as Granville) (the site).