Jigari Pty Ltd v City of Parramatta Council [2018] NSWLEC 1568

Land and Environment Court New South Wales

Medium Neutral Citation: Jigari Pty Ltd v City of Parramatta Council [2018] NSWLEC 1568 Hearing dates: 17 – 18 October 2018 Date of orders: 30 October 2018 Decision date: 30 October 2018 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The written request to vary standard in cl 40(4)(c) of State Environmental Planning Policy- Housing for Seniors and People with a Disability is refused. (2) The appeal is dismissed (3) Development Application No. 807/2017 for the demolition of all structures and construction of nine two storey town houses at 79 Murray Farm Road Beecroft is refused. (4) The Exhibits are returned with the exception of Exhibit A,B, P and 2. Catchwords: DEVELOPMENT APPEAL: two storey town house redevelopment – infill self-care housing - consistency with the character of the area - variation to standard sought – standard requires single storey development to the rear of the site – potential impacts on the visual and acoustic privacy of adjoining residential lots. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 Cases Cited: Addenbrooke Pty Ltd v Woollahra Municipal Council [2008] NSWLEC 190 De Stoop v Ku-ring-gai Council [2010] NSWLEC 1019 Initial Action v Woollahra Municipal Council [2018] NSWLEC 118 Manderrah Pty Ltd v Woollahra Municipal Council and Anor [2013] NSWLEC 1196 Nanevski Pty Limited v Rockdale City Council [2010] NSWLEC 1220 Project Venture Developments v Pittwater Council (2005) NSWLEC 191 Segal and Anor v Waverley Council 64 NSWLR 177 Wehbe v Pittwater Council (2007) 156 LGERA 446 Texts Cited: Hornsby Development Control Plan 2013 Seniors Living Policy: Urban Design Guideline for Infill Development Category: Principal judgment Parties: Jigari Pty Ltd (Applicant) City of Parramatta Council (Respondent) Representation: Solicitors: S Kondilios, Hall and Willcox Lawyers (Applicant) A Seton, Marsdens Law Group (Respondent) File Number(s): 2017/345791 Publication restriction: No