Kingsland Developments Australia Pty Ltd v City of Parramatta Council [2018] NSWLEC 1241

Kingsland Developments Australia Pty Ltd v City of Parramatta Council [2018] NSWLEC 1241

The appeal is upheld and the development application approved because the proposed development satisfies the requirements of cl 4.6 of the Parramatta LEP 2011, being consistent with development standard and zone objectives, supported by sufficient environmental planning grounds, and compliance with the relevant standard was found unreasonable or unnecessary. The proposal also provides reasonable building massing and internal amenity under SEPP 65 and applicable policies.

Parties
Applicant: Kingsland Developments Australia Pty Ltd; Respondent: City of Parramatta Council
Jurisdiction
Australia
Judgment Date
24 May 2018
Procedural Posture
Appeal / Judgment on Appeal Against Development Application Refusal
Outcome
Appeal upheld
Legal Topics
Development Application, Building Height Controls, Clause 4.6 LEP, Residential Apartment Development, Parramatta LEP 2011, SEPP 65, Design Quality, Development Controls, Local Environmental Plans
Planning Law Environmental Law Development Application Building Height Controls Clause 4.6 LEP Residential Apartment Development Parramatta LEP 2011 SEPP 65 +3 more

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Parties

Kingsland Developments Australia Pty Ltd

Applicant

City of Parramatta Council

Respondent

Procedural Posture

Appeal / Judgment on Appeal Against Development Application Refusal

Legal Issues

  1. 1 Whether the proposed development's exceedance of the building height control in the Parramatta LEP 2011 can be approved under cl 4.6
  2. 2 Whether the proposed development provides appropriate transitional built form in its context
  3. 3 Whether the development ensures sufficient internal amenity for future residents

Ratio Decidendi

The appeal is upheld and the development application approved because the proposed development satisfies the requirements of cl 4.6 of the Parramatta LEP 2011, being consistent with development standard and zone objectives, supported by sufficient environmental planning grounds, and compliance with the relevant standard was found unreasonable or unnecessary. The proposal also provides reasonable building massing and internal amenity under SEPP 65 and applicable policies.

Court Disposition

Appeal upheld

Orders

  • The appeal is upheld.
  • Parramatta Council Development Application 925/2015 for a shop top housing development and associated works at 12-14 Bridge Street, Epping is approved subject to the conditions in Annexure A.