Uniting Church in Australia Property Trust (NSW) v Parramatta City Council [2015] NSWLEC 1077

Land and Environment Court New South Wales

Medium Neutral Citation: Uniting Church in Australia Property Trust (NSW) v Parramatta City Council [2015] NSWLEC 1077 Hearing dates: 18 March 2015 Date of orders: 01 April 2015 Decision date: 01 April 2015 Jurisdiction: Class 1 Before: Pearson C Decision: 1.The appeal is upheld. 2.Development application DA/755/2013 for the subdivision of land at Lot 11 Section 1 DP 1026 and Lot 12 Section 1 DP 1026 known as 35 Orchard Street and 13 Mars Street Epping respectively is approved subject to the conditions in Annexure A. 3.The exhibits are returned except for exhibits A, B, 1 and 5. Catchwords: DEVELOPMENT APPLICATION – Subdivision – Boundary adjustment – Property subject of existing use rights Legislation Cited: Environmental Planning and Assessment Act 1979 Parramatta Local Environmental Plan 2011 Cases Cited: Parrott v Kiama [2004] NSWLEC 77 Category: Principal judgment Parties: Uniting Church in Australia Property Trust (NSW) (Applicant) Parramatta City Council (Respondent) Representation: Counsel:

Solicitors: Mr G McKee, McKees Legal Solutions (Applicant) Mr A Seton, Marsdens Law Group (Respondent) File Number(s): 10934 of 2014

Judgment 1. This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 (the Act) against the refusal by the respondent Council of consent to development application DA/755/2013, which as lodged sought approval for the relocation of a subdivision boundary and expansion and construction of a carpark ancillary to an existing youth centre and church at 35 Orchard Street and 13 Mars Street Epping (the site). 2. The development application was amended in the course of its consideration by the Council to seek approval for the boundary adjustment only. The application was lodged in the name of "West Epping Uniting Church" with the consent of the owner of the site, the Uniting Church in Australia Property Trust (NSW). At the commencement of the hearing an order was made pursuant to s 64 of the Civil Procedure Act 2005 to substitute the name of the owner as applicant in these proceedings. 3. West Epping Uniting Church (the Church) is located at 161 Carlingford Road Epping, on the corner of Carlingford Road and Orchard Street. The adjoining lot, Lot 11 Sec 1 DP 1026 (35 Orchard Street), is used by the Church as a youth centre on Sundays and during the week. There is a hardstand parking area at the rear of that lot accessed by a driveway from Orchard Street. The Church also owns Lot 12 Sec 1 DP 1026 (13 Mars Street), which has a common boundary with the rear of 35 Orchard Street. The development application seeks to subdivide Lots 11 and 12 to transfer approximately 336 sqm of land from Lot 12 to Lot 11.