Kbar v Parramatta City Council [2015] NSWLEC 1000

Land and Environment Court New South Wales

Medium Neutral Citation: Kbar v Parramatta City Council [2015] NSWLEC 1000 Hearing dates: 15-16 December 2015 Decision date: 16 January 2015 Jurisdiction: Class 1 Before: Fakes C Decision: The appeal is dismissed. Catchwords: DEVELOPMENT APPLICATION: Mixed use development/ shop-top housing; character – bulk and scale; building separation; amenity. Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No. 65 (Design Quality of Residential Flat Development) Parramatta Local Environmental Plan 2011 Cases Cited: Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Revelop Projects Pty Limited v Parramatta City Council [2014] NSWLEC 1167 Seaside Property Developments Pty Ltd v Wyong Shire Council [2004] NSWLEC 117 Veloshin v Randwick Council [2007] NSWLEC 428 Category: Principal judgment Parties: Ghassan Ali Kbar (Applicant) Parramatta City Council (Respondent) Representation: Counsel: Applicant: Mr W Carney (Barrister) Respondent: Mr A Seton (Solicitor)

Solicitors: Applicant: CK Lawyers Respondent: Marsdens Law Group File Number(s): 10054 of 2014

Judgment 1. COMMISSIONER: The applicant appeals Parramatta City Council's refusal of Development Application No. DA/695/2012 for the demolition of existing structures and the construction of a four storey mixed use development at 271-273 Excelsior Street, Guildford (the site). 2. The appeal is made under s 97(1) of the Environmental Planning and Assessment Act 1979 (the Act).