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Class 1 — Merit appeal City of Parramatta Council 05 June 2026

Captag James Project Pty Ltd v City of Parramatta Council [2026] NSWLEC 1334

Before: Walsh C · NSW Land and Environment Court

HeightFloor Space / FSRDensity / Bulk & ScaleCharacter / StreetscapeTraffic / ParkingNoise / AmenityClause 4.6 Variation

Summary

APPEAL – development application – residential flat building – precinct in transition – development control plan abandonment – streetscape character response – tower above podium – reasonable design response to “borrowed” amenity

Catchwords

APPEAL – development application – residential flat building – precinct in transition – development control plan abandonment – streetscape character response – tower above podium – reasonable design response to “borrowed” amenity

Outcome

The Court orders that: (1) The appeal is dismissed. (2) Development application No 273/2025 for construction of a part 16 storey and part 17 storey residential flat building and associated development at Lot 1 DP 32469, also known as 10 James Street, Carlingford is determined by the refusal of consent. (3) Exhibits A, B, 2 are retained. The rest are returned.

Legislation cited

Environmental Planning and Assessment Act 1979 (NSW), ss 8.15, 8.7   Parramatta Local Environmental Plan 2023, cl 4.6

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Authoritative text on NSW Caselaw · ~33k words

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