Norwest Alliance Group Pty Ltd v Parramatta City Council

Land and Environment Court New South Wales Medium Neutral Citation: Norwest Alliance Group Pty Ltd v Parramatta City Council [2015] NSWLEC 1505 Hearing dates:9 November 2015Date of orders: 03 December 2015 Decision date: 03 December 2015 Jurisdiction:Class 1Before: Brown ASC Decision: 1. The appeal is upheld.2. DA382/205 for the demolition of all existing improvements and the construction of the infill self‑care housing development at 108 Midson Road, Epping is approved subject to the conditions in Annexure A.3. The exhibits, except exhibits A and B, are to be returned. Catchwords: DEVELOPMENT APPLICATION: infill self‑care housing development – whether unacceptable impact on residential character of the area – whether development provides acceptable access – whether unacceptable amenity impacts on adjoining properties. Legislation Cited: Environmental Planning and Assessment Act 1979 Parramatta Local Environment Plan 2011 State Environment Planning Policy (Housing for Seniors or People with a Disability) 2004 Category:Principal judgmentParties: Norwest Alliance Group 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):10720 of 2015Publication restriction:NoJudgment ACTING SENIOR COMMISSIONER: This is an appeal against the deemed refusal by Parramatta City Council of Development Application DA382/2015 which seeks consent, pursuant to the provisions of State Environment Planning Policy (Housing for Seniors or People with a Disability) 2004 (SEPP Seniors) for infill self‑care housing development at 108 Midson Road, Epping (the site). The site is lot 13 in DP6837. It is a regular shaped allotment...