Guiterez v City of Parramatta Council [2020] NSWLEC 1307

Land and Environment Court New South Wales

Medium Neutral Citation: Guiterez v City of Parramatta Council [2020] NSWLEC 1307 Hearing dates: Conciliation conference on 13 July 2020 Date of orders: 17 July 2020 Decision date: 17 July 2020 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) Leave is granted to the Applicants to amend the development application and rely on the plans and documents listed under 'General Matters', condition 1 of Annexure A. (2) The Applicants are to pay the Respondent's costs thrown away as a result of the amendment to the development application in accordance with section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $20,500 to be paid within 28 days from the date of these orders. (3) The appeal is upheld. (4) Development consent is granted to development application number D/689/2018, lodged on 28 September 2018, for demolition of existing structures and construction of a boarding house development comprising two buildings, 33 boarding rooms including managers residence at 5 Campbell Street, Northmead in accordance with the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – boarding house – amenity – character – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Parramatta (former the Hills) Local Environmental Plan 2012 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Affordable Rental Housing) 2009 Texts Cited: The Hills Development Control Plan 2012 Category: Principal judgment Parties: Racquel Campos Guiterez (First Applicant) Vladimir Pasatovic (Second Applicant) City of Parramatta Council (Respondent) Representation: Counsel: G Hartley (Solicitor) (Applicants) J Hewitt (Solicitor) (Respondent)