Revelop Projects Pty Ltd v Parramatta City Council [2013] NSWLEC 1029

Land and Environment Court New South Wales

Medium Neutral Citation: Revelop Projects Pty Ltd v Parramatta City Council [2013] NSWLEC 1029 Hearing dates: 18-19 February 2013 Decision date: 22 February 2013 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: Development application: boarding house, whether design is compatible with the character of the local area, Legislation Cited: Parramatta Local Environmental Plan 2011; State Environmental Planning Policy (Affordable Rental Housing) 2009 Cases Cited: Project Venture Developments v Pittwater Council [2005] NSWLEC 191; MacDonald v Mosman Municipal Council [1999] NSWLEC 215 Texts Cited: Parramatta Development Control Plan 2011 Category: Principal judgment Parties: Revelop Projects Pty Limited (Applicant)

Parramatta City Council (Respondent) Representation: Mr M Arch Concordia Pacific (Applicant)

Mr A Seton Marsdens Law Group (Respondent) File Number(s): 10918 of 2012

Judgment 1Revelop Projects Pty Ltd lodged Development Application DA/109/2012 with Parramatta City Council on 24 February 2012, seeking consent to consolidate and re-subdivide three adjoining allotments into two allotments, demolish two existing dwellings and construct a 2 storey boarding house on one of the allotments. The council refused consent and Revelop is appealing that decision. 2The contentions in the case are whether or not the design of the proposed development is compatible with it the character of the local area, whether the development is consistent with the relevant state and council planning controls contained within a state environmental planning policy and the council's local environmental plan and development control plan or is in the public interest due to the number of objections received.