Lexington Homes Pty Ltd v Parramatta City Council

Land and Environment Court New South Wales Medium Neutral Citation: Lexington Homes Pty Ltd v Parramatta City Council [2015] NSWLEC 1503 Hearing dates:4,5 November 2015Date of orders: 06 November 2015 Decision date: 06 November 2015 Jurisdiction:Class 1Before: Brown ASC Decision: 1. The appeal is dismissed.2. Development Application No. 124/2015 for the demolition of an existing dwelling and structures and the construction of an in- fill self care housing development at 5 and 7 Grandview Parade Epping is refused.3. The exhibits are returned. Catchwords: DEVELOPMENT APPLICATION: whether the development is consistent with the residential character of the area – whether the development provides acceptable access – whether the development provides adequate solar access, landscape area and communal open space – whether the development will create unacceptable amenity impacts on adjoining properties Legislation Cited: Environmental Planning and Assessment Act 1979 Parramatta Local Environmental Plan 2011 Category:Principal judgmentParties: Lexington Homes Pty Ltd (Applicant) Parramatta City Council (Respondent) Representation: Counsel: Mr G McKee, solicitor (Applicant) Mr S Nash, barrister (Respondent)   Solicitors: McKees Legal Solutions (Applicant) Sparke Helmore Lawyers(Respondent) File Number(s):10375 of 2015Publication restriction:NoJudgment ACTING SENIOR COMMISSIONER: This is an appeal against the decision of Parramatta City Council to refuse Development Application DA124/2015 for the demolition of existing structures, removal of trees, and construction of 10 infill self-care housing dwellings pursuant to State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 (SEPP Seniors), with associated basement car parking at 5 and 7 Grandview Parade, Epping (the site). The council maintains that...