Barrak v Parramatta City Council [2017] NSWLEC 1244

Land and Environment Court New South Wales

Medium Neutral Citation: Barrak v Parramatta City Council [2017] NSWLEC 1244 Hearing dates: 27 April 2017 Date of orders: 19 May 2017 Decision date: 19 May 2017 Jurisdiction: Class 1 Before: Dickson, C Decision: The orders of the Court are: 1. The objection pursuant to cl 4.6 of the Parramatta Local Environmental Plan 11 is not sustained; 2. No order as to costs under s 97B of the Environmental Planning and Assessment Act 1979; 3. The appeal is dismissed; 4. Development application DA 109/2016 for consent for demolition of existing structures and construction of an 8 storey shop top housing development on land described as Lot 1 DP 703146, 116-118 Wigham Street Harris Park is refused. 5. The exhibits are returned with the exception of exhibits 5 and C and the Class 1 application. Catchwords: DEVELOPMENT APPEAL: Proposed shop top housing - impact on significance of heritage conservation area – consideration of heritage in determining appropriate height and floor space for the development – treatment of the boundary of the heritage conservation area. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Cases Cited: Zhang v Canterbury City Council [2001] NSWCA 167 Trinvass Pty Ltd v Council of the City of Sydney [2015]NSWLEC 151 Grigorakis v Bayside Council [2016] NSWLEC 1573 Randwick City Council v Micaul Holdings Pty Ltd [2016] NSWLEC 7 Future Space Pty Limited v Ku-ring-gai Council (2009) NSWLEC 15 Texts Cited: Nil Category: Principal judgment Parties: Benjamin Barrak (Applicant) Parramatta City Council (Respondent) Representation: Counsel: P. Clay SC (Applicant) S. Nash (Respondent).