Toplace Pty Ltd v City of Parramatta Council [2021] NSWLEC 1454

Land and Environment Court New South Wales

Medium Neutral Citation: Toplace Pty Ltd v City of Parramatta Council [2021] NSWLEC 1454 Hearing dates: 3 and 4 May 2021 Date of orders: 6 August 2021 Decision date: 06 August 2021 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court directs that: (1) the Respondent is to file with the Court final, agreed, conditions of consent, reflecting the conclusions of this judgment above at [12] to [26], by no later than midday on Friday 20 August 2021; (2) the matter is listed for mention on Tuesday 24 August 2021 at 4:15pm; (3) if direction (1) above is complied with, an order will be made granting development consent and the mention on Tuesday 24 August 2021 will be vacated; (4) the Parties are granted liberty to restore on three days' notice. Catchwords: DEVELOPMENT APPEAL – groundwater treatment and reuse system – reverse osmosis – construction environmental management plan – how to deal with groundwater pending implementation of reverse osmosis system – conditions of consent – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Parramatta Local Environmental Plan 2011 State Environmental Planning Policy No 55 – Remediation of Land Water Management Act 2000 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Category: Principal judgment Parties: Toplace Pty Ltd ACN 135 918 491 (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) C Morton (Solicitor) (Respondent)