Lexington Homes Pty Ltd v City of Parramatta Council [2016] NSWLEC 1303

Land and Environment Court New South Wales

Medium Neutral Citation: Lexington Homes Pty Ltd v City of Parramatta Council [2016] NSWLEC 1303 Hearing dates: 6-7 June 2016 Date of orders: 21 July 2016 Decision date: 21 July 2016 Jurisdiction: Class 1 Before: Fakes C Decision: Appeal dismissed Catchwords: DEVELOPMENT APPLICATION: Seniors living; further amended plans; urban design; character; landscaping Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Environmental Planning and Assessment Regulation 2000 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 Cases Cited: Architects Marshall v Lake Macquarie City Council [2005] NSWLEC 78 GPC No 5 (Wombarra) Pty Ltd v Wollongong City Council [2003] NSWLEC 268 Lexington Homes Pty Ltd v Parramatta City Council [2015] NSWLEC 1503 State Projects Pty Ltd v Hurstville City Council [2015] NSWLEC 1443 Super Studio v Waverley [2004] NSWLEC 91 Category: Principal judgment Parties: Lexington Homes Pty Ltd (Applicant) City of Parramatta Council (Respondent) Representation: Applicant: Mr G McKee (Solicitor) Respondent: Mr S Nash (Barrister)

Solicitors: Applicant: McKees Legal Solutions Respondent: Sparke Helmore Lawyers File Number(s): 2016/ 159160

Judgment 1. COMMISSIONER: The applicant appeals Parramatta City Council's deemed refusal of a development application (DA 874/2015) to demolish existing structures on two lots, consolidate the lots, and construct an in-fill, self-care residential development comprising eight units at 5-7 Grandview Parade, Epping (the site). The proposed development is made under State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 (SEPP Seniors). 2. The appeal is made pursuant to s 97(1)(b) of the Environmental Planning and Assessment Act 1979 (EPA Act).