Austino Epping 2 Pty Ltd v City of Parramatta Council [2021] NSWLEC 1680

Land and Environment Court New South Wales

Medium Neutral Citation: Austino Epping 2 Pty Ltd v City of Parramatta Council [2021] NSWLEC 1680 Hearing dates: 26-29 October 2021 Date of orders: 8 November 2021 Decision date: 08 November 2021 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application No. 397/2020 for the demolition of existing structures, site preparation works, excavation, tree removal and construction of five 5-8 storey residential flat buildings over basement car parking, at 2-16 Epping Road and 2-4 Forest Grove, Epping, is approved, subject to the conditions of consent at Annexure A. (3) The exhibits, other than Exhibits 1 and 30, are returned. Catchwords: DEVELOPMENT APPLICATION – construction of five residential flat buildings – amended development application – no contentions pressed – disputed condition Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 4.46, 4.53, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Hornsby Local Environmental Plan 2013, cll 4.3, 4.4 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Infrastructure) 2007, cl 4, 87, 102 State Environmental Planning Policy No 55 – Remediation of Land, cll 5, 7 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, cll 4, 5, 28 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, cl 5 Cases Cited: Dennes v Port Macquarie-Hastings Council [2018] NSWLEC 95 Texts Cited: Apartment Design Guide Hornsby Development Control Plan 2013 Category: Principal judgment Parties: Austino Epping 2 Pty Ltd (Applicant) City of Parramatta Council (First Respondent) Antoinette Farris (Second Respondent) Representation: Counsel: C Ireland (Applicant) J Smith (First Respondent) A Perkins (Solicitor) (Second Respondent)