EPS Constructions Pty Ltd v Holroyd City Council [2015] NSWLEC 1253

Land and Environment Court New South Wales

Medium Neutral Citation: EPS Constructions Pty Ltd v Holroyd City Council [2015] NSWLEC 1253 Hearing dates: 5 May 2015 Date of orders: 10 July 2015 Decision date: 10 July 2015 Jurisdiction: Class 1 Before: Pearson C Decision: 1. The appeal is upheld. 2. Development application DA2012/315 as amended for the demolition and erection of a mixed use development containing two retail units and seven residential units above a basement parking level at 1-7 Elvina Street Greystanes is approved subject to the conditions in Annexure A. 3. The exhibits are returned except for exhibits 1, 3 and E. Catchwords: DEVELOPMENT APPLICATION – Mixed use development – Retail and residential units – Affordable rental housing – Visual privacy – Overshadowing – Compatibility with character of area Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 Holroyd Local Environmental Plan 1991 Holroyd Local Environmental Plan 2013 Cases Cited: Doolan v Strathfield Municipal Council [2014] NSWLEC 1212 EPS Constructions Pty Ltd v Holroyd City Council [2013] NSWLEC 224 EPS Constructions Pty Ltd v Holroyd City Council (No 2) [2014] NSWLEC 126 Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Revelop Projects Pty Ltd v Parramatta City Council [2014] NSWLEC 1167 Seaside Property Developments Pty Ltd v Wyong Shire Council [2004] NSWLEC 117 Category: Principal judgment Parties: EPS Constructions Pty Ltd (Applicant) Holroyd City Council (Respondent) Representation: Mr C Gough, Storey & Gough Solicitors (Applicant) Ms K Gerathy, HWL Ebsworth Lawyers (Respondent) File Number(s): 10887 of 2013