Pirasta Pty Ltd v Parramatta City Council [2019] NSWLEC 1627

Land and Environment Court New South Wales

Medium Neutral Citation: Pirasta Pty Ltd v Parramatta City Council [2019] NSWLEC 1627 Hearing dates: 30 September 2019 Date of orders: 19 December 2019 Decision date: 19 December 2019 Jurisdiction: Class 1 Before: Walsh C Decision: The Court Orders: (1) The appeal is dismissed. (2) Modification application DA/485/2016A to reconfigure parking arrangements for approved development at 44 - 48 Oxford Street Epping is refused. (3) The exhibits are returned with the exception of Exhibits 2 and A. Catchwords: MODIFICATION APPLICATION – modification to approved parking – application of maximum parking rate in non-primary CBD centre but adjacent significant public transport hub Legislation Cited: Environmental Planning and Assessment Act 1979 Hornsby Local Environmental Plan 2013 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Cases Cited: Direct Factory Outlets Homebush v Strathfield Municipal Council [2006] NSWLEC 318 Stockland Development Pty Ltd v Manly Council (2004) 136 LGERA 254 Zhang v Canterbury City Council (2001) 115 LGERA 373 Texts Cited: Department of Planning and Environment (NSW), A Plan for Growing Sydney, (2014) Greater Sydney Commission, Greater Sydney Regional Plan - A Metropolis of Three Cities, (2018) Hornsby Development Control Plan 2013 Category: Principal judgment Parties: Pirasta Pty Ltd (Applicant) Parramatta City Council (Respondent) Representation: Counsel: M Staunton (Applicant) A Seton (Solicitor) (Respondent)