Uniting Church in Australia Property Trust (NSW) v Parramatta City Council

Land and Environment Court New South Wales Medium Neutral Citation: Uniting Church in Australia Property Trust (NSW) v Parramatta City Council [2015] NSWLEC 1077 Hearing dates:18 March 2015Date of orders: 01 April 2015 Decision date: 01 April 2015 Jurisdiction:Class 1Before: Pearson C Decision: 1.The appeal is upheld.2.Development application DA/755/2013 for the subdivision of land at Lot 11 Section 1 DP 1026 and Lot 12 Section 1 DP 1026 known as 35 Orchard Street and 13 Mars Street Epping respectively is approved subject to the conditions in Annexure A.3.The exhibits are returned except for exhibits A, B, 1 and 5. Catchwords: DEVELOPMENT APPLICATION – Subdivision – Boundary adjustment – Property subject of existing use rights Legislation Cited: Environmental Planning and Assessment Act 1979 Parramatta Local Environmental Plan 2011 Cases Cited: Parrott v Kiama [2004] NSWLEC 77 Category:Principal judgmentParties: Uniting Church in Australia Property Trust (NSW) (Applicant) Parramatta City Council (Respondent) Representation: Counsel: Solicitors: Mr G McKee, McKees Legal Solutions (Applicant) Mr A Seton, Marsdens Law Group (Respondent) File Number(s):10934 of 2014Judgment This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 (the Act) against the refusal by the respondent Council of consent to development application DA/755/2013, which as lodged sought approval for the relocation of a subdivision boundary and expansion and construction of a carpark ancillary to an existing youth centre and church at 35 Orchard Street and 13 Mars Street Epping (the site). The development application was amended in the course of its consideration by...