Epping Property Developments Pty Ltd v Parramatta City Council [2017] NSWLEC 1095

Land and Environment Court New South Wales

Medium Neutral Citation: Epping Property Developments Pty Ltd v Parramatta City Council [2017] NSWLEC 1095 Hearing dates: 28 and 29 November 2016 Date of orders: 28 February 2017 Decision date: 28 February 2017 Jurisdiction: Class 1 Before: Smithson C Decision: 1. The appeal is upheld. 2. Development application 21/2016 for a boarding house at 123 Ray Road, Epping is approved subject to the conditions set out in Annexure "A". 3. The exhibits, other than Exhibits A, B, 2 and 6, are returned. Catchwords: DEVELOPMENT APPLICATION: boarding house; character; resident objections Legislation Cited: The appeal is upheld. Development application 21/2016 for a boarding house at 123 Ray Road, Epping is approved subject to the conditions in Annexure "A". The exhibits, other than Exhibits A, B, 2 and 6, are returned. Cases Cited: Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Category: Principal judgment Parties: Epping Property Developments Pty Ltd (Applicant) Parramatta City Council (Respondent) Representation: Counsel: Mr Clay (Applicant) Mr Seymour (Respondent)

Solicitors: Ms Spizzo, Landerer & Company (Applicant) Mr Loether, Bartier Perry (Respondent) File Number(s): 16/152365

Judgment 1. COMMISSIONER: This appeal, pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979, is against the refusal by then Hornsby Shire Council of Development Application 21/2016 (the application) for the development of a boarding house at 123 Ray Road, Epping (the site). 2. The area in which the site is located now comprises part of the City of Parramatta local government area and the City of Parramatta Council (the Council) was therefore the Respondent in these proceedings.