Uniting Church in Australia Property Trust (NSW) v Parramatta City Council [2018] NSWLEC 1129

Land and Environment Court New South Wales

Medium Neutral Citation: Uniting Church in Australia Property Trust (NSW) v Parramatta City Council [2018] NSWLEC 1129 Hearing dates: 18-19 December 2017 and 5-6 March, 2018 Date of orders: 13 March 2018 Decision date: 13 March 2018 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is dismissed. 2. Development Application No. 310/2017, for the demolition of existing buildings and a concept proposal for a staged mixed use development comprising two building envelopes at 99-113, 119 and 119A Macquarie Street, Parramatta, is refused. 3. The exhibits, other than exhibit 1, are returned. Catchwords: DEVELOPMENT APPLICATION: concept development application for a mixed use development; demolition of existing buildings; social benefit; whether the design excellence clause in Parramatta Local Environment Plan 2011 applies to a concept proposal; weight to a planning proposal to amend Parramatta Local Environment Plan 2011; duration of overshadowing of the protected area in Parramatta Square; impact of the proposal on the heritage significance of a local heritage item. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Terrace Tower Holdings Pty Ltd v Sutherland Shire Council (2003) 129 LGERA 195 The Benevolent Society v Waverley Council [2010] NSWLEC 1082 Category: Principal judgment Parties: Uniting Church in Australia Property Trust (NSW) (Applicant) Parramatta City Council (Respondent) Representation: Counsel: Mr C. McEwen SC (Applicant) Mr A. Seton solicitor (Respondent)