Jinyan Group (Australia) Pty Ltd v Parramatta City Council [2020] NSWLEC 1212

Land and Environment Court New South Wales

Medium Neutral Citation: Jinyan Group (Australia) Pty Ltd v Parramatta City Council [2020] NSWLEC 1212 Hearing dates: 10-11 February 2020; 16 March 2020; final written submissions filed 3 April 2020 Date of orders: 13 May 2020 Decision date: 13 May 2020 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) Leave is granted to amend the application in accordance with the further amended application bundle filed on 24 February 2020 as supplemented on 26 February 2020. (2) The applicant is to pay the costs of the respondent that have been thrown away as a result of the amendment of the application, pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (3) The appeal is dismissed. (4) Development Application No. 546/2018, which seeks consent for a residential flat building development and associated works at 15-19 Essex Street Epping, is refused. (5) The exhibits are returned with the exception of Exhibits A, H and 3. Catchwords: DEVELOPMENT APPLICATION: residential flat building, landscaping, tree loss, excavation, urban consolidation Legislation Cited: Environmental Planning and Assessment Act 1979 Hornsby Local Environmental Plan 2013 Land and Environment Court Act 1979 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 Cases Cited: Hillpalm v Tweed Shire Council [2002] NSWCA 332 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Mison and Others v Randwick Municipal Council and Others (1991) 23 NSWLR 734; (1991) 73 LGRA 349 Motbey v Hollis and Eurobodalla Shire Council (2003) 124 LGERA 227; [2003] NSWLEC 40 New Century Development Pty Limited v Baulkham Hills Shire Council (2003) 127 LGERA 303; [2003] NSWLEC 154 North Sydney Council v Ligon 302 Pty Limited (1996) 185 CLR 470 Seaside Property Developments Pty Ltd v Wyong Shire Council [2004] NSWLEC 117 Sydney City Council v lpoh Pty Ltd (2006) 149 LGERA 329; [2006] NSWCA 300 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Apartment Design Guide Hornsby Development Control Plan 2013 Land and Environment Court, Conference of Expert Witnesses Policy Category: Principal judgment Parties: Jinyan Group (Australia) Pty Ltd (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: T To (Applicant) J Koprivnjak (Solicitor)(Respondent)