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. …………………….. E Espinosa Commissioner of the Court Annexure A (286999, pdf) ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 31 August 2021