Pekic v City of Parramatta Council [2019] NSWLEC 1376

Pekic v City of Parramatta Council [2019] NSWLEC 1376

The amendments to the development proposal satisfactorily address heritage concerns, retaining the contribution of the existing dwelling to the collective heritage significance of the Epping/Eastwood Heritage Conservation Area, thereby justifying approval of the amended development application.

Parties
Applicant: Dejan Pekic; Applicant: Patricia Raffaella Pekic; Respondent: City of Parramatta Council
Jurisdiction
Australia
Judgment Date
13 August 2019
Procedural Posture
Appeal / Post Conciliation Conference, Final Orders
Outcome
Appeal upheld, development application approved subject to conditions
Legal Topics
Development Application, Heritage Conservation, Conciliation Conference, Land Use Zoning
Planning and Environment Development Application Heritage Conservation Conciliation Conference Land Use Zoning

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Dejan Pekic

Applicant

Patricia Raffaella Pekic

Applicant

City of Parramatta Council

Respondent

Procedural Posture

Appeal / Post Conciliation Conference, Final Orders

Legal Issues

  1. 1 Whether the amended development application adequately addresses the heritage significance concerns of Epping/Eastwood Heritage Conservation Area
  2. 2 Jurisdictional prerequisites under Parramatta Local Environmental Plan 2011

Ratio Decidendi

The amendments to the development proposal satisfactorily address heritage concerns, retaining the contribution of the existing dwelling to the collective heritage significance of the Epping/Eastwood Heritage Conservation Area, thereby justifying approval of the amended development application.

Court Disposition

Appeal upheld, development application approved subject to conditions

Orders

  • Leave is granted to the Applicant to rely upon the amended architectural plans listed in Condition 1 at Annexure A.
  • The appeal in respect of the property known as 17 Rawson Street, Epping, is upheld.