Karai v City of Parramatta Council [2020] NSWLEC 1659

Land and Environment Court New South Wales

Medium Neutral Citation: Karai v City of Parramatta Council [2020] NSWLEC 1659 Hearing dates: Conciliation conference held on 9, 24 November 2020 and 4, 8 December 2020 Date of orders: 18 December 2020 Decision date: 18 December 2020 Jurisdiction: Class 1 Before: Morris AC Decision: The Court orders that: (1) The Applicant is granted leave to amend the development application and rely on the drawings referred to in condition 1 of Annexure "A" to this agreement; and (2) The Applicant is to pay the Respondent's costs that have been thrown away as a result of the amendment of the application for development consent under section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed amount of $15,000. (3) The appeal is upheld. (4) Development application DA/92/2020 for the demolition of existing dwellings and construction of a childcare centre is determined by the grant of consent subject to the conditions set out in Annexure "A" to this agreement. (5) The Respondent is directed to register the development consent on the NSW planning portal in accordance with section 4.20(1) of the Environmental Planning and Assessment Act 1979 within 14 days following the entry of these orders. Catchwords: DEVELOPMENT APPLICATION – child care centre – conciliation conference – agreement between the parties Legislation Cited: Education and Care Services National Regulations Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court 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 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy, (July 2020) Category: Principal judgment Parties: Friya Karai (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: S Gadiel (Solicitor) (Applicant) D Le Breton (Solicitor) (Respondent)