DVCI Pty Ltd v City of Parramatta Council (No 2) [2020] NSWLEC 1319

Land and Environment Court New South Wales

Medium Neutral Citation: DVCI Pty Ltd v City of Parramatta Council (No 2) [2020] NSWLEC 1319 Hearing dates: 7, 8 and 11 May 2020 Decision date: 23 July 2020 Jurisdiction: Class 1 Before: Bindon AC Decision: The Court directs that: (1) The Parties are to file with the Court as a Word document, by no later than 30 July 2020 revised agreed conditions of consent, reflecting the findings in this judgment including the conclusions above at [147]. (2) The matter is listed for mention at 4:15pm on 4 August 2020 at Court. (3) Should the Parties comply with direction (1) above, the mention on 4 August 2020 will be vacated, and orders will be made in chambers granting development consent. (4) The Parties are granted liberty to restore on 3 days notice. (5) The matter is adjourned until 4:15pm on 4 August 2020. Catchwords: DEVELOPMENT APPLICATION – child care centre – acoustic mitigation – character and streetscape Legislation Cited: Education and Care Services National Regulations Environmental Planning and Assessment Act 1979 Parramatta Local Environmental Plan 2011 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 State Environmental Planning Policy No 55 – Remediation of Land Uniform Civil Procedures Rules 2005 Cases Cited: Ballina Shire Council v Palm Lake Works Pty Ltd [2020] NSWLEC 41 Emmott v Ku-ring-gai Municipal Council (1954) 3 LGRA 177 Hoxton Park Residents Action Group Inc v Liverpool City Council (2011) 184 LGERA 104; [2011] NSWCA 349 Nessdee Pty Ltd v Orange City Council [2017] NSWLEC 158 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy, (March 2020) New South Wales Planning and Environment, Child Care Planning Guideline, (August 2017) Parramatta Development Control Plan 2011 Category: Principal judgment Parties: DVCI Pty Ltd (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: J Reid (Applicant) A Stafford (Respondent)