Kingsland Developments Australia Pty Ltd v City of Parramatta Council [2018] NSWLEC 1241

Land and Environment Court New South Wales

Medium Neutral Citation: Kingsland Developments Australia Pty Ltd v City of Parramatta Council [2018] NSWLEC 1241 Hearing dates: 3, 4 May 2018 Date of orders: 13 June 2018 Decision date: 24 May 2018 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The appeal is upheld. (2) Parramatta Council Development Application 925/2015 for a shop top housing development and associated works at 12-14 Bridge Street, Epping is approved subject to the conditions in Annexure A. (3) The exhibits, other than exhibit A, are returned. Catchwords: DEVELOPMENT APPLICATION: part nine storey and part five storey shop top housing; Non- compliance with height development standard and whether cl 4.6 of local environmental plan is satisfied; Setbacks; Internal apartment amenity Legislation Cited: Environmental Planning and Assessment Act 1979 Parramatta Local Environmental Plan 2011 Parramatta Development Control Plan 2011 State Environmental Planning Policy No. 65 Design Quality of Residential Apartment Development (SEPP 65) Cases Cited: Addenbrooke Pty Ltd v Woollahra Municipal Council [2008] NSWLEC 190 Carlingford Investments Pty Ltd v The Hills Shire Council [2015] NSWLEC 1022 Goldin & Anor v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 [2002] NSWLEC 75 Moskovich v Waverley Council [2016] NSWLEC 1015 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 1009 Four2Five Pty Ltd v Ashfield Council [2015] NSWCA 248 Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Texts Cited: A Metropolis of Three Cities - the Greater Sydney Region Plan Category: Principal judgment Parties: Kingsland Developments Australia Pty Ltd (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: Mr M Staunton (Applicant)