Invest 888 Pty Limited v Parramatta City Council [2017] NSWLEC 1666

Land and Environment Court New South Wales

Medium Neutral Citation: Invest 888 Pty Limited v Parramatta City Council [2017] NSWLEC 1666 Hearing dates: 6 November 2017 with further material filed on 15 November 2017 Date of orders: 24 November 2017 Decision date: 24 November 2017 Jurisdiction: Class 1 Before: Martin SC Decision: The Orders of the Court are:

(1) Leave is granted to the Applicant to rely upon amended plans referred to in condition 1 of the Conditions of Consent attached and marked "A".

(2) The clause 4.6 variation application in relation to minimum lot size is upheld.

(3) The appeal is upheld.

(4) Development application No 1064/2016 for the demolition of structures and erection of dual occupancy development is determined by approval subject to the conditions annexed marked "A".

(5) The Exhibits, save for 1, 2 and 5, are returned. Catchwords: DEVELOPMENT APPEAL – actual refusal – dual occupancy – breach of development standard for size of dual occupancies - cl 4.6 application – private open space – solar access Legislation Cited: Environmental Planning and Assessment Act 1979 s 97(1) Parramatta Local Environmental Plan 2011 Parramatta Development Control Plan 2011 Cases Cited: Wehbe v Pittwater Council (2007) 156 LGERA 446; NSWLEC 827 Category: Principal judgment Parties: Invest 888 Pty Limited (Applicant) Parramatta City Council (Respondent) Representation: Counsel: Mr A Pickles SC with Ms F Berglund (Applicant) Mr A Seton (Solicitor)(Respondent)