In a decision that reflects the delicate balance between urban development and heritage preservation, the NSW Land and Environment Court has dismissed an appeal concerning the proposed redevelopment of the Murrays’ Building at 188 Church Street, Parramatta. The developers, G & J Drivas Pty Ltd and Telado Pty Ltd, had challenged Parramatta Council’s refusal to approve their Concept Development Application (DA/960/2022).
This ruling reinforces the importance of protecting heritage-listed buildings and respecting planning controls while accommodating urban growth in one of Sydney’s fastest-developing areas. The case has drawn attention for its broader implications on development in heritage precincts, particularly in Parramatta’s Centenary Square.
The Development Proposal
The developers submitted a Concept Development Application aiming to redevelop the three-storey heritage-listed Murrays’ Building. The site, prominently located within Centenary Square, holds significant cultural and historical value. The key elements of the proposal included:
- Retaining and conserving the building’s façade and distinctive hipped roof.
- Constructing a six-storey cantilevered addition, which would bring the total height to approximately ten storeys.
- Incorporating retail spaces on the ground floor to activate the streetscape and commercial offices above.
The intention was to revitalise the site while integrating it with Parramatta’s growing role as a second CBD. However, the proposal quickly became a subject of contention. While the developers argued the project would enhance the site’s economic utility, the City of Parramatta Council and heritage advocates maintained that it would compromise the heritage significance of Centenary Square and its surrounding urban fabric.
Concept visualisation by TKD Architects
The Murrays’ Building: A Heritage Icon in Parramatta
The Murrays’ Building, located at the prominent corner of Church and Macquarie Streets, is a heritage-listed structure with deep historical roots. Constructed in the late 19th century, the building is an important example of early commercial architecture in Parramatta. It is associated with the Murray Brothers, notable entrepreneurs who operated one of the first department stores in the area. The building’s brick façade, hipped roof, and detailing contribute to its architectural significance. Beyond its physical attributes, the Murrays’ Building forms part of the collective heritage character of Centenary Square, a precinct known for its low-rise, pedestrian-friendly environment and cultural landmarks. These qualities make it a critical element of Parramatta’s historical and urban identity.
Reasons for the Council’s Refusal
On 5 June 2023, the City of Parramatta Council officially refused the Concept Development Application. The decision cited multiple key issues, which ultimately played a central role in the appeal process.
Heritage Impacts
The Council expressed significant concerns over the heritage implications of the proposal. They highlighted that the planned cantilevered addition would dominate the Murrays’ Building, thereby undermining its historical prominence. Furthermore, the proposal risked eroding the character of Centenary Square, a precinct defined by its low-rise, human-scale buildings and fine-grain urban texture.
Non-Compliance with Planning Controls
The Council also found that the proposal breached several provisions of the Parramatta Local Environmental Plan (LEP) 2011 and Development Control Plan (DCP) 2011. Specifically, the building height exceeded the acceptable limits for the area. Moreover, the design conflicted with Church Street view corridor protections, which safeguard views of St John’s Cathedral and its backdrop.
Urban Design Concerns
In addition to the heritage issues, the Council criticised the bulk, scale, and setbacks of the proposed addition. The new structure’s footprint failed to integrate sensitively with Centenary Square’s established urban form. The inadequacy of setbacks, especially along the Square’s edges, was identified as contributing to a sense of overdevelopment in the precinct.
Design Excellence Shortfalls
Developments within Parramatta’s CBD are required to achieve design excellence. The Council found that the project fell short of this standard. Despite attempts to address feedback through minor design adjustments, the Council maintained that the development lacked innovation and sensitivity to its context.
The Appeal Process: Developers Take the Case to Court
Following the Council’s refusal, the developers lodged an appeal with the Land and Environment Court of NSW on 15 December 2023. The legal process involved a series of hearings and consultations, including mediation under Section 34 of the Land and Environment Court Act.
During the appeal, the developers made significant modifications to the original proposal in an effort to address the Council’s concerns. These changes included:
- Adjusting the building envelope to reduce the visual impact of the upper levels on the Murrays’ Building.
- Modifying setbacks along Centenary Square to provide greater separation between the new structure and the heritage façade.
The amended plans were placed on public exhibition from 20 August to 11 September 2024. While the changes sought to balance the Council’s heritage and design expectations with the developers’ goals, they ultimately failed to satisfy the fundamental concerns raised during the initial assessment.
The Court’s Ruling
On 16 October 2024, the Land and Environment Court delivered its decision, siding with the City of Parramatta Council and dismissing the developers’ appeal. The judgment provided a comprehensive critique of the proposal, reaffirming the Council’s refusal on multiple grounds.
Heritage Preservation
The Court emphasised that the proposal would have a detrimental effect on the Murrays’ Building and Centenary Square’s character. Specifically, the cantilevered addition was deemed overly dominant, effectively overshadowing the heritage building’s architectural significance. The judgment also noted that the proposal failed to respect Centenary Square’s low-rise streetscape, which is integral to its identity.
Planning Non-Compliance
Non-compliance with planning controls was a pivotal issue in the Court’s ruling. The proposal violated the LEP 2011 and DCP 2011, particularly the height and setback requirements. The Court also identified that the development would encroach on the Church Street view corridor, compromising protected views of St John’s Cathedral.
Urban Design and Integration
The Court found that the bulk, scale, and massing of the proposed structure were incompatible with the surrounding context. It highlighted that the addition failed to integrate harmoniously with nearby heritage buildings, including the Murrays’ Building itself.
Lack of Feasibility
In its conclusion, the Court noted that the issues with the Concept DA were so fundamental that no future detailed development application could sufficiently resolve them.
Project Team
The project team behind the development proposal included the following professionals:
- G & J Drivas Pty Ltd and Telado Pty Ltd: Developers.
- Ethos Urban: Urban Planner.
- TKD Architects: Architects.
- Weir Phillips Architects: Heritage Consultants.
- Artefact Heritage: Aboriginal and Archaeological Consultants.
- Northrop: Flood Impact Assessment.
- TDQS: Cost Estimation.
For more information, search DA/960/2022 on the City of Parramatta Council’s website.
