Revelop Projects Pty Ltd v City of Parramatta Council [2016] NSWLEC 1452

Land and Environment Court New South Wales

Medium Neutral Citation: Revelop Projects Pty Ltd v City of Parramatta Council [2016] NSWLEC 1452 Hearing dates: 14 September 2016 Date of orders: 29 September 2016 Decision date: 29 September 2016 Jurisdiction: Class 1 Before: Fakes C Decision: Appeal upheld – see [57] Catchwords: DEVELOPMENT APPLICATION: Boarding house; character; traffic and pedestrian safety Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Uniform Civil Procedure Rules 2005 State Environmental Planning Policy (Affordable Rental Housing) 2009 The Hills Local Environmental Plan 2012 Category: Principal judgment Parties: Revelop Projects Pty Ltd (Applicant) City of Parramatta Council (Respondent) Representation: Applicant: Mr M Staunton (Barrister) Respondent: Mr K Webber (Solicitor)

Solicitors: Applicant: Thomson Greer Respondent: Wiltshire Webb Staunton Beattie Lawyers File Number(s): 152510 of 2016

Judgment 1. COMMISSIONER: The applicant appeals the former Hills Shire Council's refusal of a development application to construct a boarding house and associated works at 8 Forsyth Place, Oatlands (the site). 2. The appeal is made pursuant to s 97(1) of the Environmental Planning and Assessment Act 1979 (EPA Act). 3. Since the commencement of the Class 1 appeal in November 2015, as a consequence of recent council amalgamations, the site has been incorporated into the City of Parramatta Council. Notwithstanding the amalgamations, the relevant controls are those of The Hills Shire Council. 4. The matter commenced as a conciliation conference under s 34 of the Land and Environment Court Act 1979 (Court Act). While issues were narrowed, there was no full agreement and the conciliation was terminated. With the agreement of the parties, this matter has proceeded to a hearing under s 34(4)(b)(ii), that is, on the basis of what occurred during the conciliation process. As a consequence of the conciliation, the applicant prepared amended plans. Leave was granted to rely on those plans. The parties agreed to costs pursuant to s 97B EPA Act.