Roumanous v City of Parramatta Council [2021] NSWLEC 1642

Land and Environment Court New South Wales

Medium Neutral Citation: Roumanous v City of Parramatta Council [2021] NSWLEC 1642 Hearing dates: Conciliation conference on 3 September 2021 Date of orders: 22 October 2021 Decision date: 22 October 2021 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) 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 pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (2) The appeal is upheld. (3) Development consent is granted to development application DA/549/2018 lodged with the City of Parramatta Council on 7 August 2018 (as amended) seeking consent for the demolition of structures on the site, excavation, tree removal and construction of a forty-seven (47) place two-storey child care centre with basement car parking and associated works at 33 Thomas Street, Parramatta, subject to the conditions in the annexure marked "A". Catchwords: APPEAL – development application – child care centre – conciliation conference – agreement reached Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55, Sch 1 Land and Environment Court Act 1979, s 34 Parramatta Local Environmental Plan 2011 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017, cll 23, 25, 26 State Environmental Planning Policy (Infrastructure) 2007, cl 104 State Environmental Planning Policy No 55—Remediation of Land, cl 7 Texts Cited: Child Care Planning Guideline Category: Principal judgment Parties: Paul Roumanous (First Applicant) Laura Anne Roumanous (Second Applicant) City of Parramatta Council (Respondent) Representation: Counsel: J Reid (Applicants) A Seton (Solicitor) (Respondent)