George v City of Parramatta Council [2017] NSWLEC 1366

Land and Environment Court New South Wales

Medium Neutral Citation: George v City of Parramatta Council [2017] NSWLEC 1366 Hearing dates: 5 & 6 July 2017 Date of orders: 14 July 2017 Decision date: 14 July 2017 Jurisdiction: Class 1 Before: Dickson, C Decision: The orders of the Court are: 1. The applicant is granted leave to rely on amended plans; 2. The appeal is dismissed; 3. Development application DA 839/2016 for demolition of existing carport and outbuildings, removal of trees and construction of a residential flat building to the rear of two existing heritage items, proposed at 65-71 Boundary Street Granville is refused. 4. The exhibits are returned with the exception of Exhibits 1, A and G Catchwords: DEVELOPMENT APPEAL: against refusal of residential flat building – permissibility relies on conservation incentives - appropriateness of the impact on the existing heritage – finding of adverse impact on heritage significance. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy 65: Design Quality of Residential Apartment Development Cases Cited: David Fox v North Sydney Council [2016] NSWLEC 1366 Texts Cited: Apartment Design Guide. The Australia ICOMOS Charter for Places of Cultural Significance Assessing Heritage Significance, NSW Heritage Office Category: Principal judgment Parties: Norm George (First Applicant) Nadia George (Second Applicant)