Appeal Upheld

Pleased to have assisted our client in obtaining approval through the Land & Environment Court for a boarding house development in Harris Park.

There were significant issues relating to heritage, bulk and scale and dedication of land to council in the rear laneway which materially affected the area of the site that could be included as part of open space in the development application.

The matter was also complicated by the issues surrounding the amendments to the Affordable Housing SEPP which essentially precluded this form of development in an R1 zone.  The ambiguity surrounding the savings provisions of the amending SEPP had to be dealt with as a fundamental legal issue before the balance of the merit issues could be resolved. The issues that had to be also overcome included, setbacks, parking and disabled access.

We worked through the issues with the legal representatives for Parramatta City Council during the court process to achieve an excellent outcome for the client given the challenges of this very small parcel that adjoined multiple heritage items in a significant heritage conservation area.

It was a great result for the client and, as always, I look forward to seeing the finished product.

The full judgement can be found here.

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