Haiek v City of Parramatta Council [2020] NSWLEC 1061

Land and Environment Court New South Wales

Medium Neutral Citation: Haiek v City of Parramatta Council [2020] NSWLEC 1061 Hearing dates: 28-29 November 2019; 3 December 2019 Date of orders: 25 February 2020 Decision date: 13 February 2020 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted for the demolition of a single storey dwelling and the construction of a 3-storey residential flat building containing 6 residential apartments and basement car parking for 9 car spaces at 53A Thomas Street, Parramatta, subject to the conditions of consent contained in Annexure A. Catchwords: APPEAL – development application – 3-storey residential flat building within a special precinct – design inconsistent with desired character for precinct – alternative design solution appropriate – assessment of merits of alternative design solution – setbacks – landscaping – site width – precedent Legislation Cited: Conveyancing Act 1919 Environmental Planning and Assessment Act 1979 Parramatta Local Environmental Plan 2011 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Cases Cited: Ku-ring-gai Council v Bunnings Properties Pty Ltd [2019] NSWCA 28 Texts Cited: Apartment Design Guide Parramatta Development Control Plan 2011 Category: Principal judgment Parties: Charlie Haiek (First Applicant) Mary Rose Haiek (Second Applicant) City of Parramatta Council (Respondent) Representation: Counsel: M Wright SC (Applicants) H Irish (Respondent)