Toplace Pty Ltd v City of Parramatta Council (No 2) [2021] NSWLEC 1496

Land and Environment Court New South Wales

Medium Neutral Citation: Toplace Pty Ltd v City of Parramatta Council (No 2) [2021] NSWLEC 1496 Hearing dates: 3 and 4 May 2021 Date of orders: 31 August 2021 Decision date: 31 August 2021 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders that: 1) The appeal is upheld. 2) Development consent is granted to DA283/2019 construction of a ground water re-use system that will reuse groundwater for irrigation and toilet flushing at 189 Macquarie Street Parramatta legally described at Lot 1 in DP 1214839, subject to conditions as set out in Annexure A. 3) The exhibits are returned, except for A, B, E, 2, 3 and 4. 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 Cases Cited: Toplace Pty Ltd v City of Parramatta Council [2021] NSWLEC 1454 Category: Consequential orders Parties: Toplace Pty Ltd ACN 135 918 491 (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) C Morton (Solicitor) (Respondent)

Solicitors: McKees Legal Solutions (Applicant) Sparke Helmore (Respondent) File Number(s): 2020/228352 Publication restriction: No

Judgment 1. On 6 August 2021, I handed down my reasons for judgment in the Class 1 appeal (Toplace Pty Ltd v City of Parramatta Council [2021] NSWLEC 1454) to uphold the appeal subject to conditions. I directed the Council to prepare and file conditions of consent in the requisite template and to provide them to the Court. Following receipt of the conditions, I am satisfied that the conditions accord with my judgment and I now make the following orders. 2. The Court orders that: 1. The appeal is upheld. 2. Development consent is granted to DA283/2019 construction of a ground water re-use system that will reuse groundwater for irrigation and toilet flushing at 189 Macquarie Street Parramatta legally described at Lot 1 in DP 1214839, subject to conditions as set out in Annexure A. 3. The exhibits are returned, except for A, B, E, 2, 3 and 4.