Nordea Capital Pty Ltd v Parramatta City Council [2017] NSWLEC 1759

Land and Environment Court New South Wales

Medium Neutral Citation: Nordea Capital Pty Ltd v Parramatta City Council [2017] NSWLEC 1759 Hearing dates: 18 and 19 September and 21 November, 2017 Date of orders: 08 February 2017 Decision date: 08 February 2017 Jurisdiction: Class 1 Before: Smithson C Decision: 1. The appeal is upheld 2. DA/534/2016 for a residential flat building at 17-21 Moseley Street, Carlingford is approved subject to the conditions in Annexure "A". 3. The applicant is to pay the respondent's reasonable costs under s.97B of the Environmental Planning and Assessment Act 1979 for assessment of the amendments to the application, as agreed or assessed. 4. The exhibits are returned except Exhibits 1, C, K and L. Catchwords: DEVELOPMENT APPLICATION – residential flat building; minimum lot size; height non-compliance; FSR non-compliance; clause 4.6 variations; building separation and setbacks; public interest Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 State Environmental Planning Policy 65 - Design Quality of Residential Apartment Development The Hills Local Environmental Plan 2012 Cases Cited: Randwick City Council v Micaul Holdings Pty Ltd [2016] NSWLEC 7 Texts Cited: The Hills Shire Development Control Plan 2012 Apartment Design Guide 2015 Category: Principal judgment Parties: Nordea Capital Pty Ltd (Applicant) Parramatta City Council (Respondent) Representation: Counsel: Mr T Robertson, SC (Applicant) Mr A Gough (Respondent)