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

Case

[2018] NSWLEC 1129

13 March 2018


Details
AGLC Case Decision Date
Uniting Church in Australia Property Trust (NSW) v Parramatta City Council [2018] NSWLEC 1129 [2018] NSWLEC 1129 13 March 2018

CaseChat Overview and Summary

The Uniting Church in Australia Property Trust (NSW) challenged a decision of Parramatta City Council to refuse its Development Application No. 310/2017 for the demolition of existing buildings and construction of a mixed use development at 99-113, 119 and 119A Macquarie Street, Parramatta. The dispute came before the Land and Environment Court of New South Wales. The main legal issues were whether the Council's decision was unreasonable, whether there were procedural errors, and whether the proposed development was consistent with relevant planning controls.

The Court found that the Council's decision was not unreasonable and that there were no procedural errors. It noted that the proposed development would result in a loss of heritage significance of the site, contrary to the Parramatta Local Environmental Plan 2008. The Court also found that the proposal would result in loss of existing community facilities, contrary to the Parramatta City Development Strategy 2032. While the Court acknowledged the merits of the proposal, it held that the benefits of the proposal did not outweigh the adverse effects on the heritage and community facilities of the site.

No further orders were made by the Court.
Details

Areas of Law

  • Planning & Development Law

Legal Concepts

  • Jurisdiction

  • Refusal of Development Application

  • Return of Exhibits