Epping Surgery Centre Property Pty Ltd v City of Parramatta Council [2018] NSWLEC 1164

Land and Environment Court New South Wales

Medium Neutral Citation: Epping Surgery Centre Property Pty Ltd v City of Parramatta Council [2018] NSWLEC 1164 Hearing dates: 1 March 2018 Date of orders: 04 April 2018 Decision date: 04 April 2018 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders:

(1) The appeal is dismissed. (2) Development application DA 615/2017 for the demolition of existing structures and construction of a two storey building to serve as a day surgery facility with associated parking is determined by refusal. (3) The exhibits are returned, with the exception of Exhibits D and 7. Catchwords: Development Application: day surgery in an R2 Low Density Residential zone; cl4.6 request to vary floor space ratio development standard; amenity impacts on residential neighbours; public interest. Legislation Cited: Parramatta Local Environment Plan 2011 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Wehbe v Pittwater Council [2007] NSWLEC 827; (2007) 156 LGERA 446 Texts Cited: Parramatta Development Control Plan 2011 Category: Principal judgment Parties: Epping Surgery Centre Property Pty Ltd (Applicant) City of Parramatta Council (Respondent) Representation: Solicitors: Mr G. McKee, McKees Legal Solutions (Applicant) Ms K. Law, Matthews Folbigg Pty Ltd (Respondent) File Number(s): 2017/312172 Publication restriction: Nil