HP Subsidiary Pty Ltd v City of Parramatta Council [2020] NSWLEC 135

Land and Environment Court New South Wales

Medium Neutral Citation: HP Subsidiary Pty Ltd v City of Parramatta Council [2020] NSWLEC 135 Hearing dates: 5 and 8 June and 16 September 2020 Date of orders: 08 October 2020 Decision date: 08 October 2020 Jurisdiction: Class 1 Before: Preston CJ Decision: The Court orders: (1) The appeal is upheld. (2) Development application no DA/326/2018 (as amended on 5 June 2020) for the demolition of existing structures, construction of three residential flat buildings with four basement levels and a neighbourhood shop, and construction of a new private road and replacement bridge connecting the development to Hill Road on Lot 5 in DP 1081374, known as 2B Hill Road, Lidcombe, is determined by the grant of consent subject to conditions, in accordance with Annexure A. (3) The exhibits, other than Exhibit G (architectural plans), Exhibit H (landscape plans), Exhibit J (civil engineering and stormwater plans) and Exhibit K (cl 4.6 variation request), are to be returned to the party that tendered them. Catchwords: DEVELOPMENT APPLICATION – residential flat buildings – jurisdictional preconditions to grant of consent – satisfaction of preconditions – traffic generated by development – whether traffic management works required to prevent illegal manoeuvres – whether development not to be approved until traffic management works constructed Legislation Cited: Auburn Local Environmental Plan 2010 cll 4.3, 4.4, 4.6 6.1, 6.3, 6.4, 6.5, 6.8(3) Carter Street Precinct Development Control Plan 2016 Conveyancing Act 1919 s 88E Environmental Planning and Assessment Regulation 2000 cll 2A, 3 Petroleum Act 1967 Road Transport Act 2013 s 122 Roads Act 1993 State Environmental Planning Policy (Infrastructure) 2007 cl 66C, 102, 104 State Environmental Planning Policy No 55 – Remediation of Land cl 7 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development cll 28, 30 Environmental Planning and Assessment (Local Infrastructure Contributions – Timing of Payments) Direction 2020 Cases Cited: Harris v Scenic Rim Regional Council (2014) 201 LGERA 12; [2014] QPEC 16 Category: Principal judgment Parties: HP Subsidiary Pty Ltd (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: Mr T Robertson SC (Applicant) (on 5-8 June 2020) Mr C Nehme (solicitor) (Applicant) (on 16 September 2020) Mr A Seton (solicitor) (Respondent)