TCS Architects Pty Ltd v City of Parramatta Council [2021] NSWLEC 1766

Land and Environment Court New South Wales

Medium Neutral Citation: TCS Architects Pty Ltd v City of Parramatta Council [2021] NSWLEC 1766 Hearing dates: Conciliation conference 6 December 2021 Date of orders: 14 December 2021 Decision date: 14 December 2021 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) The applicant shall pay the respondent's costs pursuant to s 8.15(3) Environmental Planning and Assessment Act 1979 as agreed in the sum of $12,000.00 by 17 December 2021. (3) Development consent is granted to development application DA/648/2019 for the demolition of existing structures, tree removal and construction of five (5) attached multi-unit dwellings over basement car parking with landscaping at 427 Wentworth Avenue, Toongabbie, being Lot B DP 155593 subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – demolition and construction of new multi-unit dwellings – amended plans – agreement between the parties – orders. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.46, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 Parramatta Local Environmental Plan 2011, cll 4.3, 4.4 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007, cll 85, 86, 87 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy (Vegetation In Non-Rural Areas) 2017 Category: Principal judgment Parties: TCS Architects Pty Ltd (First Applicant) Mayooran Thanabalasingam (Second Applicant) City of Parramatta Council (Respondent) Representation: Counsel: V Mishra (Solicitor) (Applicants) R McCulloch (Solicitor) (Respondent)