K Capital Pty Ltd v City of Parramatta Council [2019] NSWLEC 1292

Land and Environment Court New South Wales

Medium Neutral Citation: K Capital Pty Ltd v City of Parramatta Council [2019] NSWLEC 1292 Hearing dates: 12-14 and 24 June 2019 Date of orders: 27 June 2019 Decision date: 27 June 2019 Jurisdiction: Class 1 Before: O'Neill C Decision: The Court orders: (1) The Applicant is to pay the First Respondent's costs thrown away as a result of the amendment of the development application to rely on amended architectural plans, as agreed or assessed, pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979. (2) The appeal is dismissed. (3) Development Application No. 1008/2017 for a concept development for the restoration and refurbishment of the Roxy Theatre building and associated forecourt, including indicative partial demolition at the rear section of the existing building and a 29 storey building envelope for a commercial building is refused. (4) The exhibits, other than exhibits 2, 30, A, B and C, are returned. Catchwords: DEVELOPMENT APPLICATION – concept development proposal – extent of demolition and impact on the heritage significance of the Roxy Theatre Legislation Cited: Environmental Planning and Assessment Act 1979 Heritage Act 1977 Land and Environment Court Act 1979 Parramatta Local Environmental Plan 2011 Cases Cited: The Uniting Church in Australia Property Trust (NSW) v Parramatta City Council [2018] NSWLEC 158 Wollondilly Shire Council v Foxman Environmental Development Services Pty Ltd (No 4) [2011] NSWLEC 35 Texts Cited: Parramatta Development Control Plan The Australia ICOMOS Charter for Places of Cultural Significance, 2013 Category: Principal judgment Parties: K Capital Pty Ltd (Applicant) City of Parramatta Council (First Respondent) Heritage Council of New South Wales (Second Respondent) Representation: Counsel: C McEwan SC (Applicant) M Staunton (Second Respondent)