Salic v City of Parramatta Council [2021] NSWLEC 1309

Land and Environment Court New South Wales

Medium Neutral Citation: Salic v City of Parramatta Council [2021] NSWLEC 1309 Hearing dates: 29-30 April 2021 Date of orders: 1 June 2021 Decision date: 01 June 2021 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent for the demolition of the dwelling house and detached garage, and the construction of a dual occupancy development, at 88 Grose Street, North Parramatta, is granted subject to the conditions in Annexure A. (3) The exhibits are returned, except for Exhibits 2, A, B, C, E, J and K. Catchwords: APPEAL – development application – dual occupancy – flood affected area – whether increased risk to life by increasing occupancy of the site Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Environmental Planning and Assessment Regulation 2000, Sch 1 Land and Environment Court Act 1979, s 34AA Parramatta Local Environmental Plan 2011, cll 2.3, 4.3, 4.4, 6.3 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55 – Remediation of Land, cl 7 Cases Cited: BGP Properties Pty Ltd v Lake Macquarie City Council (2004) 138 LGERA 237; [2004] NSWLEC 399 Kavanagh v Hawkesbury City Council [2020] NSWLEC 1003 Zhang v Canterbury City Council (2001) 51 NSWLR 589; [2001] NSWCA 167 Texts Cited: Parramatta Development Control Plan 2011 Category: Principal judgment Parties: Manda Salic (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: J Smith (Applicant) T Poisel (Respondent)