Landpac Property Investment Pty Ltd v Holroyd City Council

Land and Environment Court New South Wales Medium Neutral Citation: Landpac Property Investment Pty Ltd v Holroyd City Council [2015] NSWLEC 1563 Hearing dates:20 August 2015Date of orders: 21 August 2015 Decision date: 21 August 2015 Jurisdiction:Class 1Before: Tuor C Decision: 1. The Applicant is granted leave to rely on Plan Basement 1 A202-E dated 19 August 2015 and Plan Basement 2 A 201-D dated 19 August 2015;2. The appeal is upheld;3. Development consent is granted to development application DA-2014-298 for demolition of existing structures and construction of a 6 storey residential flat building over 2 levels of basement parking at the property known as 1-3 Wayman Place, Merrylands subject to the conditions annexed and marked "A".4. The exhibits, except Exhibits A and 5, are returned Catchwords: CONSENT ORDER: development application for mixed use development. Concerns of objectors. Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development Holroyd Local Environmental Plan 2013 Category:Principal judgmentParties: Landpac Property Investment Pty Ltd (Applicant) Holroyd City Council (Respondent) Representation: Solicitors: Mr A Whealy of Gadens Lawyers (Applicant) Mr J Cole of HWL Ebsworth Lawyers (Respondent) File Number(s):10227 of 2015Judgment This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the deemed refusal by Holroyd City Council (council) of a development application (DA2014/298) for the demolition of existing structures and construction of a six storey residential flat building comprising 19 units over two levels of...